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KAPLAN v. MAYO CLINIC

United States District Court, D. Minnesota (2013) | 947 F.Supp.2d 1001

4 min read

TL;DR: A patient sued a clinic for breach of contract after a surgeon performed a major surgery without a promised preliminary biopsy. The court held that only pecuniary damages, not damages for pain and suffering or loss of consortium, were recoverable for the breach.

Legal Significance: This case clarifies that under Minnesota law, damages for breach of a physician-patient contract are limited to pecuniary losses. It reinforces the strict boundary between contract and tort remedies, precluding recovery for non-economic damages absent an independent, willful tort.