Maggard v. McKelvey

MCDONALD, Judge:

The appellants, Jerry and Kathy Mag-gard, claim damages in tort against the appellee, Charles H. McKelvey, their physician, for the birth of an “unwanted” child.

The appellants sued the physician alleging negligence in the performance of a bilateral vasectomy upon Jerry. The complaint stated, “Had the vasectomy been performed in a careful and skillful manner, which defendant failed to do, the plaintiff, Kathy Maggard, would not have become pregnant.” The infant born on September 9,1979, as a result of the alleged negligence of Dr. McKelvey, was named Chad. Kathy had a normal…