Gault v. Sideman
Facts
Gault (P) sued Dr. Sideman (D) for breach of a contract to heal. Gault alleged that Sideman advised him that his condition could be cured through spinal surgery and recommended that he undergo the procedure.
Gault claimed that he agreed to have the operation in reliance on Sideman’s assurance that it would be successful and an express contract was formed. Sideman won at trial and Gault appealed.
Issue
- Is a mere statement that an operation would cure a patient an express contract to cure?
Holding and Rule of Law
- No. A mere statement that an operation would cure a patient is not an express contract to cure.
A doctor and a patient can certainly contract for a cure. However, any complaint against that contract must show reliance by the plaintiff. Proof of the contract must also be clear and specific. In Hawkins v. McGee, the surgeon stated that the boy would only be in the hospital 3-4 days and then he could go back to work with a good hand. That court said that such testimony would not justify a finding that the doctor contracted to complete the treatment in three to four days or that the plaintiff would be able to go home thereafter and such an expression could only be interpreted as an opinion of the probably outcome with no contractual liability. Under the particular facts of that case, the court held that a guaranty to make the hand 100% good was to be submitted to the jury.
Under these facts, we cannot find any Illinois law that holds a doctor may be held liable for an agreement that an operation would cure a patient. Even those courts that hold such a contract valid have qualified that holding with the imposition of many conditions.
We cannot apply ordinary rules dealing with mercantile contracts between a physician and a patient. The relationship between a doctor and a patient will not withstand a full 100% disclosure that would be required under those circumstances. To do so might produce a psychic reaction that would in fact seriously retard the success of any treatment.
Disposition
Affirmed.