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Verdicts
Suit Is for Breach of Contract, Not Malpractice
A New York court has held that a case against a cosmetic surgeon who made his incisions in a different area than planned was properly brought as a breach of contract suit, rather than one for medical malpractice. Katzab v. Chaudhry, 2006 NY Slip Op 50418U (Civ. Ct of City of N.Y, Kings Cty.) (4/22/06).
Claimant patient sued defendant doctor for breach of contract and personal injury, claiming the defendant promised her that the cosmetic surgery on her arms would leave the incision scar on the interior of her arms. The scar, however, was on the outside. The pictures the doctor showed to the claimant of his previous work prior to her surgery all depicted under-arm incisions. Defen-dant argued no promises were ever made but gave no explanation for why he had made the incision on the outside of the arm rather than underneath. He argued the suit should be dismissed because it was not in reality based on breach of contract but was a medical malpractice suit, and thus plaintiff's failure to obtain an expert opinion should be deemed fatal to the suit.
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