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Sullivan v. O'CONNOR

Massachusetts Supreme Judicial Court (1973) | 296 N.E.2d 183; 363 Mass. 579; 99 A.L.R. 3d 294; 1973 Mass. LEXIS 426

4 min read

TL;DR: A patient sued a surgeon for breach of contract after a nose job worsened her appearance. The court affirmed a damage award that went beyond out-of-pocket costs, suggesting a "reliance" measure is appropriate for physician-patient contracts to restore the patient to their pre-contract position.

Legal Significance: Establishes that for breach of a physician's promise to achieve a specific result, damages may be measured by the patient's reliance interest. This includes out-of-pocket costs, worsening of condition, and pain and suffering from procedures necessitated by the breach, offering a middle ground between expectancy and restitution.

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