CLEVENGER v. HALING


379 Mass. 154 (1979)

394 N.E.2d 1119

CAROLYN C. CLEVENGER & another vs. RAYMOND F. HALING, JR.

Supreme Judicial Court of Massachusetts, Berkshire.

September 25, 1979.


Attorney(s) appearing for the Case

Leo F. Evans for the plaintiffs.

Brian J. Quinn (Ronald E. Oliveira with him) for the defendant.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.


WILKINS, J.

In December, 1973, Carolyn C. Clevenger (plaintiff), the mother of two daughters, consulted the defendant, an obstetrician and gynecologist, for a physical examination and "to discuss having [her] tubes tied." The defendant performed a tubal ligation on the plaintiff on January 10, 1974. The plaintiff's third daughter was born March 17, 1975.

The plaintiffs commenced this action, alleging negligence and breach of contract. The judge directed a...

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