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Claims for Breach of Contract

Generally, most medical malpractice cases are tort actions based on the existence of a physician's duty to a patient, a breach of that duty, and injury to the patient as a result of the breach. Most healthcare providers do not promise a cure nor guarantee the best possible result. However, an individual physician may open him or herself up to a breach of contract action based on the provision of medical services resulting from a bad medical result if the physician has bound himself to cure the patient or to obtain specific results.