Reference no: EM133250998

Case Study Description: Dr. Kenneth Chaffee performed a partial salpingectomy on Heather Seslar. The purpose of the procedure was to sterilize Seslar, who had already born for children, so that she cannot become pregnant again. After undergoing the surgery, however, Seslar conceived, and delivered a healthy baby. Seslar sued Chaffee. The court of appeals held in Chaffee vs Seslar that damages for the Lee Naegelin sterilization procedure, could not include the cost of raising a normal healthy child. Although, raising an unplanned child is costly all human life is presumptively and valuable a child regardless of the circumstances of birth does not constitute harm to the parents, so as to permit recovery for the cost associated with raising and educating the child. As with a majority of jurisdictions, the court held that the value of a child's life to the parents outweighs the associated pecuniary burdens as a matter of law. Recoverable damages may include pregnancy and childbearing expenses, but not the ordinary cost of raising and educating a normal healthy child conceived after an allegedly negligent sterilization procedure.

Source: Legal And Ethical Issues for Health Professionals Textbook

In what situation do you think the mother would have had rights to sue?

Do you think the physician should be held liable for assisting in the child's care?

How would you handle the decision if you were the judge in this court case and the child in question incurred irreversible life changing circumstances due to the surgery?