[Download] "Douglas M. Marciniak v. Gary T. Lundborg" by Supreme Court of Wisconsin # eBook PDF Kindle ePub Free

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eBook details

• Title: Douglas M. Marciniak v. Gary T. Lundborg
• Author : Supreme Court of Wisconsin
• Release Date : January 16, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Douglas and Paula Marciniak seek review of a court of appeals' decision which barred their cause of action for costs involved
in raising a normal, healthy child conceived subsequent to an allegedly negligent sterilization operation. (The issue of negligence
has not yet been tried.) The issues presented to this court are whether the costs of raising the child to the age of majority
or beyond are recoverable by the parents, and if so, to what extent these costs should be offset by any benefit they derive
from the child. We conclude that the costs of raising the child to the age of majority may be recovered by the parents for
damages caused by a negligently performed sterilization operation. We further conclude that these costs may not be offset
by any benefits conferred upon the parents by virtue of the presence of the child in their lives. The decision of the court
of appeals is therefore reversed and the cause remanded to the trial court for further proceedings. The facts are as follows. In 1981, Paula Marciniak, wife of Douglas Marciniak, underwent a sterilization operation to avoid
having further children. At the time, they had two children, ages 8 and 7. Paula Marciniak discussed undergoing a permanent
surgical sterilization with her family physician. She was referred to another physician. The surgery, a "laparoscopy with
bilateral fallopian tube cautery," was performed by a third physician.

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