Legal analysis from Dean's Law Dictionary will be displayed here.

This section contains the nature of the case and procedural background.

D performed a partial salpingectomy on P. The purpose was to sterilize P, who had already borne four children so that she could not become pregnant again. After undergoing the surgery, however, P conceived, and on August 5, 1999, she delivered a healthy baby. P filed a proposed complaint with the Indiana Department of Insurance alleging that D's performance of the procedure had been negligent and seeking damages for the future expenses of raising the child through college, including all medical and educational expenses. D filed a motion for preliminary determination, to limit the amount of recoverable damages and a determination that the costs of raising a healthy child born after a sterilization procedure are not recoverable as a matter of law. D's motion was denied but certified for interlocutory appeal.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.