Macomber v. Dillman

Citation505 A.2d 810
PartiesRoxanne MACOMBER, et al. v. Carter F. DILLMAN, et al.
Decision Date27 February 1986
CourtSupreme Judicial Court of Maine (US)

Murray, Plumb & Murray, Jane B. Hartwell, (orally), E. Stephen Murray, Portland, for plaintiffs.

Hunt, Thompson & Bowie, James M. Bowie (orally), Portland, for Carter F. Dillman.

Preti, Flaherty & Beliveau, Arlyn H. Weeks (orally), Christopher D. Nyhan, Portland, for Webber Hosp. Ass'n.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, GLASSMAN, and SCOLNIK, JJ.

GLASSMAN, Justice.

Pursuant to M.R.Civ.P. 72(c), this case was reported by the Superior Court, York County, from its order denying the defendants' motion for dismissal of the plaintiffs' complaint for failure to state a claim against the defendants for which relief could be granted, and setting forth the scope of damages recoverable by the plaintiffs should they prevail in their action. For the reasons hereinafter set forth, we modify the order as to damages, and, as so modified, affirm the order of the Superior Court.

I.

In April of 1984, the plaintiffs, Roxanne and Steven Macomber, filed a complaint against the defendants, Carter F. Dillman and the Webber Hospital Association. The complaint alleged, inter alia, that as a proximate result of the defendants' negligent and careless failure to comply with the standard of care of medical practice in the performance of a tubal ligation on Roxanne for the purpose of her permanent sterilization, Roxanne was not permanently sterilized and had conceived and given birth to a child, Mazie. Although the plaintiffs did not allege in their complaint that Mazie is a healthy, normal child, they did not allege otherwise, and the parties have agreed to these facts. Plaintiffs sought damages from defendants "including, but not limited to, the cost of raising and educating Mazie May Macomber, the medical and other expenses of the pregnancy and childbirth, the medical and other expenses of a subsequent hysterectomy for purposes of sterilization, lost wages, loss of consortium, the medical and other expenses of the unsuccessful tubal ligation, permanent physical impairment to Roxanne Macomber resulting from bearing Mazie May, her sixth child, and physical and mental pain and suffering resulting [therefrom]."

Defendants filed motions for dismissal or summary judgment on the grounds that the plaintiffs by their complaint failed to state a claim for which relief could be granted and could not recover damages for the cost of rearing and educating a healthy, normal child. After hearing, the Superior Court entered its order denying the defendants' motions and adopting the analysis that should the plaintiffs prevail they would be entitled to recover "all reasonable, foreseeable, and proximately caused damages, including the expenses of child rearing." The court refused to rule on whether damages so recoverable by plaintiffs "should be offset by benefits" of parenthood.

On a joint motion of the parties, the Superior Court reported the case to this court thereby posing the following questions of law: (1) Did the Superior Court by its order properly deny the defendants' motion to dismiss the plaintiffs' complaint for failure to state a claim against the defendants for which relief can be granted? (2) Did the Superior Court by its order properly set forth the damages that the plaintiffs could recover should they prevail in their action against the defendants?

II.

We first address the question of whether the plaintiffs have by their complaint stated a claim against the defendants. Contrary to the defendants' contention, the plaintiffs' action does not represent a new cause of action in the state of Maine. "Since the early days of the common law a cause of action in tort has been recognized to exist when the negligence of one person is the proximate cause of damage to another person." MacDonald v. MacDonald, 412 A.2d 71, 75 (Me.1980). "[T]o state a claim upon which relief can be granted, a complaint must aver either the necessary elements of a cause of action or facts which would entitle the plaintiff to relief upon some theory." E.N. Nason, Inc. v. Land-Ho Development, 403 A.2d 1173, 1177 (Me.1979). When a plaintiff claims he has suffered a personal injury as the result of medical mistreatment, his remedy lies in a complaint for negligence. Woolley v. Henderson, 418 A.2d 1123 (Me.1980). The necessary elements of a cause of action for negligence are a duty owed, a breach of that duty proximately causing the plaintiff's injuries and resulting damages. Wing v. Morse, 300 A.2d 491 (Me.1973). All well-pleaded material allegations of a complaint are taken as admitted for the purpose of a Rule 12(b)(6) motion for failure to state a claim for which relief may be granted. Haskell v. Phinney, 460 A.2d 1354 (Me.1983); 1 Field, McKusick & Wroth, Maine Civil Practice § 12.11 at 248 (1970). Applying these principles to the allegations in the plaintiffs' complaint, it is clear that the necessary elements of a cause of action in negligence have been set forth against the defendants.

III.

We next consider whether the Superior Court correctly established the scope of recoverable damages. We are aware that the courts which have considered this type of case have not reached a consensus as to damages, if any, that may be recoverable. See Kingsbury v. Smith, 122 N.H. 237, 442 A.2d 1003 (1982), for a summary of four different legal positions in the body of developing law on this issue.

We hold for reasons of public policy that a parent cannot be said to have been damaged or injured by the birth and rearing of a healthy, normal child. Accordingly, we limit the recovery of damages, where applicable, to the hospital and medical expenses incurred for the sterilization procedures and pregnancy, the pain and suffering connected with the pregnancy and the loss of earnings by the mother during that time. Our ruling today is limited to the facts of this case, involving a failed sterilization procedure resulting in the birth of a healthy, normal child.

We also must address whether the plaintiff, Steven Macomber, may recover for loss of consortium of his wife, Roxanne. For centuries courts have recognized a husband's right to recover damages for the loss of consortium when a tortious injury to his wife detrimentally affects the spousal relationship. See Britton v. Dube, et al., 154 Me. 319, 147 A.2d 452 (1958) (under a claim for loss of consortium husband was allowed to recover damages for loss of services of wife); see also Note, Who Should Recover For Loss of Consortium, 35 Me.L.Rev. 295 (1983); Restatement (Second) of Torts § 905, comment f (1977). Because his wife's cause of action is for negligence, Steven Macomber may recover proven damages for loss of consortium.

The entry is:

The order of the Superior Court is modified to limit the scope of recoverable damages, and as so modified, affirmed. Remanded to the Superior Court for further proceedings consistent with the opinion herein.

McKUSICK, NICHOLS, and ROBERTS, JJ., concurring.

SCOLNIK, Justice, concurring in part and dissenting in part,

Although I concur that a cause of action exists for medical malpractice in the performance of a tubal ligation, I am unable to agree with the Court's judicially imposed limitation on the damages that are recoverable. The Court reasons that in no circumstances can a parent be said to have been harmed by the birth and rearing of a healthy, normal child. This rationale, however, is not only plainly inconsistent with the Court's recognition of a cause of action but also totally ignores the fact that many individuals undergo sterilization for the very purpose of avoiding such a birth. Moreover, the Court's opinion is an unwarranted departure from the fundamental principle of tort law that once a breach of duty has been established, the tortfeasor is liable for all foreseeable damages that proximately result from his acts. I dissent because, in my view, the jury should be permitted to consider awarding damages for child rearing costs.

By finding that a parent is not harmed by the birth of a healthy child, the Court's opinion is logically inconsistent. In the first part of its opinion, the Court applies traditional tort principles to recognize a cause of action for negligence resulting in an unwanted conception and subsequent birth of a normal, healthy child. Although the opinion is noticeably silent as to what the required harm is to support the cause of action, see Rubin v. Matthews Int'l Corp., 503 A.2d 694, 699 (Me.1986), the Court has in effect concluded that the birth of a normal child is recognized as an injury that is directly attributable to the health-care provider's negligence. In the second part of its opinion, however, the Court states that based on unarticulated reasons of public policy, the birth of a normal, healthy child cannot be said to constitute an injury to the parents. As a result, the Court limits the damages that a parent can recover to the hospital and medical expenses incurred for the sterilization procedure and the pregnancy, the pain and suffering connected with the pregnancy and the loss of earnings sustained by the mother during that time. If, however, the birth of a child does not constitute an injury, no basis exists for any award of damages. Damages for "pain and suffering" and medical expenses incidental to child birth cannot be recoverable if the birth itself is not an injury. Similarly, if the parent is to be compensated for the loss of earnings that result from the pregnancy, should she not equally be compensated for the identical loss following the birth of the child? The Court's opinion fails to reconcile these obvious inconsistencies.

Not only is the Court's opinion internally inconsistent, but its stated rationale to support an artificial limitation on the scope of recoverable damages ignores reality. To hold that a parent cannot be said to have been...

To continue reading

Request your trial
31 cases
  • Girdley v. Coats
    • United States
    • United States State Supreme Court of Missouri
    • 25 Febrero 1992
    ...P.2d 459 (1985); Schork v. Huber, 648 S.W.2d 861 (Ky.1983); Pitre v. Opelousas General Hospital, 530 So.2d 1151 (La.1988); Macomber v. Dillman, 505 A.2d 810 (Me.1986); Rinard v. Biczak, 177 Mich.App. 287, 441 N.W.2d 441 (1989) (though Michigan's position is unclear, See, Russell G. Donaldso......
  • Lovelace Medical Center v. Mendez, 18766
    • United States
    • Supreme Court of New Mexico
    • 7 Enero 1991
    ...v. Wesley Medical Center, 237 Kan. 215, 699 P.2d 459 (1985); KENTUCKY, Schork v. Huber, 648 S.W.2d 861 (Ky.1983); MAINE, Macomber v. Dillman, 505 A.2d 810 (Me.1986); MICHIGAN, Rinard v. Biczak, 177 Mich.App. 287, 441 N.W.2d 441 (1989); MISSOURI, Miller v. Duhart, 637 S.W.2d 183 (Mo.Ct.App.1......
  • Milton v. Cary Medical Center
    • United States
    • Supreme Judicial Court of Maine (US)
    • 22 Febrero 1988
    ...See Gammon v. Osteopathic Hospital of Maine, Inc., 534 A.2d 1282 (Me.1987); Rowe v. Bennett, 514 A.2d 802 (Me.1986); Macomber v. Dillman, 505 A.2d 810, 812-13 (Me.1986). The entry Judgment as to Hallie A. Milton in her representative capacity and as to Hallie A. and Michael Milton on their ......
  • Smith v. Gore, S
    • United States
    • Supreme Court of Tennessee
    • 13 Abril 1987
    ...rearing expenses has been based upon various public policy considerations. One of the most recent limited damages cases is Macomber v. Dillman, 505 A.2d 810 (Me.1986). Although accepting the cause of action as an ordinary negligence suit, the Maine Supreme Court held "for reasons of public ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT