Thake v Maurice [1986] QB 644 is an English contract law case, concerning the standard of care that must be exercised by surgeons in performing operations.
Mr Thake was a railway guard and they were not financially comfortable with five children already (two grown up), living in a three-bedroom council house.
Mrs Thake wanted to be sterilised, but the NHS waiting list was long and they could not afford to go private.
If the defendant had given his usual warning, the objective analysis of what he conveyed would have been quite different, and it is also to be noted that in the second consent form referred to by French J in his judgment in Eyre v Measday (unreported), 3 July 1984, the wording included the following The purpose of the operation is to render me sterile and, although it is nearly 100 per cent.
Accordingly, I would uphold the judge’s conclusion that the plaintiffs succeed in their claim that the revival of Mr. Thake’s fertility gave rise to a breach of contract on the part of the defendant.Neill LJ said, It is the common experience of mankind that the results of medical treatment are to some extent unpredictable and that any treatment may be affected by the special characteristics of the particular patient.