Robins v. Finestone
308 N.Y. 543, 127 N.E.2d 330 (1955)
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Rule of Law:
A physician who makes a special agreement to cure a patient or to achieve a particular result can be held liable for breach of contract if that result is not attained. This cause of action is distinct from a tort claim for medical malpractice, which is based on a failure to exercise the requisite medical skill.
Facts:
- Plaintiff employed defendant, a physician, to remove a growth for a fee not to exceed $150.
- Defendant promised to perform the operation via fulguration, a non-invasive procedure.
- Defendant specifically promised that the plaintiff would be cured in one or two days and could immediately resume his occupation.
- During the procedure, defendant twice punctured one of the plaintiff's organs.
- The punctures necessitated a major, invasive operation involving an incision into the abdominal wall.
- As a result of the second operation, the plaintiff was hospitalized for approximately a month.
- Plaintiff incurred large sums for additional medical treatment and was prevented from working for a considerable period.
Procedural Posture:
- Plaintiff filed a lawsuit against defendant, a physician, in the New York Supreme Court, Special Term (trial court).
- Defendant filed a motion to dismiss the complaint, arguing it stated a claim for malpractice that was barred by the two-year statute of limitations.
- The Special Term granted the defendant's motion and dismissed the complaint.
- Plaintiff (appellant) appealed the dismissal to the Appellate Division of the Supreme Court (intermediate appellate court).
- The Appellate Division affirmed the Special Term's order dismissing the complaint.
- Plaintiff (appellant) then appealed to the New York Court of Appeals (the state's highest court).
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Issue:
Does a complaint that alleges a physician failed to perform a promised cure by a specific method within a specific timeframe state a cause of action for breach of contract, separate from a time-barred claim for medical malpractice?
Opinions:
Majority - Conway, Ch. J.
Yes, a complaint alleging a physician's failure to perform a promised cure states a cause of action for breach of contract. A doctor and patient are at liberty to contract for a particular result, and if that result is not achieved, a cause of action for breach of contract arises that is entirely separate from one for malpractice. Malpractice is a tort based on the failure to exercise requisite skill, whereas a contract action is based on the failure to perform a special agreement. The damages sought here—payments made, expenditures for treatment, and lost wages—are characteristic of a contract claim, not a tort claim, as the plaintiff does not seek damages for pain and suffering. The gist of this action is the defendant's failure to perform his promise to cure by a specific method and within a specific time, not negligence in the performance of medical services.
Dissenting - Fuld and Van Voorhis, JJ.
No, the complaint does not state a separate cause of action for breach of contract. The dissenters would affirm the lower courts' decisions on the grounds that the gravamen, or essential substance, of the complaint is in malpractice. As such, the action is barred by the applicable two-year statute of limitations for malpractice claims.
Analysis:
This decision solidifies the legal distinction between medical malpractice (tort) and a breach of a special contract to cure. It establishes that a separate cause of action for breach of contract can exist against a physician, which is governed by a different statute of limitations and involves different elements of proof and damages. This creates an alternative legal theory for plaintiffs, but one that requires clear evidence of a specific promise for a particular result, rather than just a general assurance of a good outcome. The case serves as a caution for healthcare providers about the language they use and the specific guarantees they might make to patients.
