An unusual case of wrongful pregnancy: liability of doctor resulting from misrepresentation

A married woman and her husband recovered damages from a gynaecologist after the woman gave birth to a third and normal child. The couple's second child had been delivered by way of Caesarean section. Six days after its delivery the doctor made the statement (erroneously) that he had performed a tubular ligation on the woman, following a discussion on the advisability of sterilisation. In fact no such procedure had been performed. The woman became pregnant again. The doctor was held liable on the basis of a negligent misrepresentation.