Hartke v. McKelway

In 1968 Sandra Hartke (plaintiff) had an ectopic pregnancy and was told that she could die if she became pregnant again. In 1978 Hartke became pregnant and elected to have an abortion and to be sterilized. Her doctor recommended completely removing the uterus. Hartke asked Dr. William McKelway (defendant) for a second opinion. McKelway recommended a laparoscopic Fallopian tubal cauterization. McKelway later testified that Hartke was extremely upset and very agitated about the pregnancy. Hartke testified that she told McKelway she thought she was going to die. Hartke’s boyfriend testified that he offered to have a vasectomy if there was any risk of subsequent pregnancy, but that McKelway told them that the procedure was a 100 percent sure operation and that Hartke would not have to worry about becoming pregnant again. Despite the surgery, Hartke became pregnant again in 1979. After it was confirmed that the pregnancy was normal, Hartke carried the baby to term. At the same time, Hartke had herself resterilized by cutting the Fallopian tubes. The risk of pregnancy after laparoscopic cauterization was testified to be one to three out of 1,000. The jury returned a special verdict, finding that McKelway negligently failed to cauterize Hartke’s Fallopian tubes and that he failed to inform her of a material risk of the procedure. McKelway appealed.