"Stomach Pains"
Scenario: A patient went to his doctor complaining of stomach pains. The doctor diagnosed the patient with a bleeding ulcer, recommending certain procedures and "promising to cure" it. However, ultimately the treatment(s) were unsuccessful. The patient sued the doctor for breach of contract.
- Was a contract created in this case-were all of the elements of a contract satisfied? Explain your answer.
- If there was a contract, what type of contract was it and why?
- Did the doctor breach a contract with the patient?
See, Guilmet v. Campbell, 188 N.W.2d 601 (1971).