Massachusetts Supreme Judicial Court - 296 N.E.2d 183, 363 Mass. 579
The plaintiff sued the defendant surgeon for breach of contract and malpractice after a plastic surgery on her nose resulted in disfigurement, pain, and other damages. The jury found the defendant liable for breach of contract but not for malpractice. The judge instructed the jury that the plaintiff could recover her out-of-pocket expenses related to the operations and damages resulting directly from the defendant's breach of promise. The plaintiff cannot recover for loss of earnings as there was no proof that it resulted from the breach. The defendant argues that the judge erred in allowing the jury to consider anything beyond the plaintiff's out-of-pocket expenses. The plaintiff waived her objection to the judge's refusal to allow her to recover the difference in value between the promised nose and the nose after the operations. Massachusetts law recognizes and enforces agreements between patients and physicians to achieve a specific result, but clear proof is required, with instructions to the jury emphasizing this requirement and considering factors such as the complexity of the operation in determining whether a given result was promised.
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