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Petrunic and Anor. v. Barnes, 1 February 1988.

Authors
Type
Published Article
Journal
Annual review of population law
Publication Date
Volume
15
Pages
22–22
Identifiers
PMID: 12289437
Source
Medline
Keywords
License
Unknown

Abstract

The defendant physician was charged with negligence and breach of contract in the performance of a tubal ligation on the plaintiff. After the plaintiff became pregnant and gave birth to twins, she and her husband sought damages for pecuniary losses resulting from the birth of twins, claiming that the defendant should have warned them of the risk of failure of the operation or mentioned the alternative of performance of a vasectomy on the husband. The Supreme Court of Victoria, Australia, held that the defendant had no duty to inform the plaintiffs of the risk of failure or the alternative of a vasectomy since his actions accorded with accepted practice within the profession. It also concluded that, even if he had warned the plaintiffs, they would not have withheld their consent to the operation.

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