Occasion: Alice Sullivan (plaintiff) entered a contract with Dr. James H. O’Connor for two surgeries that were supposed to improve the appearance of her nose. Dr. O’Connor conducted three surgeries on Miss Sullivan. However, instead of enhancing the appearance of her nose, her nose was left more disfigured. Miss Sullivan in reaction sued Dr O’Connor for malpractice and breach of contract.

 

Legal Issue: Firstly, what damages are appropriate when a doctor fails to deliver promised results in a medical contract? Secondly, should damages be measured by expectation (benefit of the bargain) or reliance (losses incurred due to reliance on the promise)?

 

Holding: The Supreme Judicial Court of Massachusetts awarded reliance damages, not expectation damages. 

 

Reasoning: In breach of contract cases, damages may include reliance interests (compensates the plaintiff for losses incurred by relying on the contract) rather than expectation interests (compensates the plaintiff for the value of what was promised). In this specific case, a beautiful nose is subjective, and a dollar amount cannot be placed on it. Miss Sullivan had real and measurable losses such as hospital and medical expenses, pain and suffering from three surgeries, and emotional distress.

 

Case File:

 

https://law.justia.com/cases/massachusetts/supreme-court/1973/363-mass-579-2.html