Coleman v. Garrison

DUFFY, Justice:

In this malpractice action plaintiffs, husband and wife and their five children, seek damages alleging improper performance of a sterilization operation (a bilateral tubal ligation) on the wife, after which she became pregnant and delivered a sixth child. They appeal from a summary judgment entered for defendants (the surgeon and the hospital where the operation was performed) by the Superior Court. Del.Super., 327 A.2d 757 (1974) , 1 While our analysis differs somewhat from that of the Trial Court, we reach the same result.

I

We first consider plaintiffs’ contention that the…