Medical Malpractice Newsletters

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 himself 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.

Federal Tort Claims Act

Malpractice in Performing Abortions

Thousands of legal abortions are performed in this country every year, and although most are completed without complications, there are certain risks connected with the procedure, some of which can be life threatening. A physician must adequately warn the patient of the risks inherent in the procedure. Medical malpractice cases arise when a patient claims that she was not informed about the risks of the procedure or that it was the negligence of her physician that caused or contributed to complications from an abortion. Women who have negligently performed procedures may suffer perforation of the uterus, infection, and endotoxic shock. Some complications resulting from an improperly performed abortion may be long-term, such as an increased risk of certain cancers and future ectopic pregnancies.

Negligence Versus Assault and Battery

A patient is injured by a physician's conduct. In making a claim for recovery of damages against the physician, is the proper action based in negligence or in the intentional tort of assault and battery?