Expectations: Contractual, entrepreneurial, or professional

The plaintiff had always suffered from severe myopia. Having heard about radial keratotomy, he sought opinions from several practitioners, all of whom said he was not a candidate. Fast forward 5 years. Advances were made in ophthalmology, and the plaintiff now saw someone advertising that radial keratotomy can cure nearsightedness. Relying on the truth of the advertisement, the plaintiff consulted the defendant doctor. The plaintiff stated that his goal was "to be able to see clearly without the aid of eyeglasses or contact lenses." The doctor told the plaintiff that due to recent advances in the field he would be able to "improve the plaintiff's uncorrected vision to 20/40 or 20/50 in his left eye and 20/20 in his right eye" and that he had successfully done so for a number of patients and that "he believed that the plaintiff was a candidate for this procedure." Obviously, the treatment did not go as expected.

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