What is the difference between a medical malpractice claim and a breach of contract claim?

Medical malpractice and breach of contract claims are two different legal theories that can arise from disputes between a physician and a patient in the state of California. Medical malpractice claims are based on the legal theory of negligence. This means that a patient must be able to prove that the doctor breached the accepted standard of care, causing harm or injury to the patient. To prove negligence, a patient must prove that the doctor acted negligently or was careless, and that this carelessness led to the patient’s injury. A breach of contract claim, on the other hand, is based on the legal theory of contract law. This means that a patient must be able to prove that there was an agreement between himself and the physician, the physician breached the terms of this agreement, and the patient suffered damages because of this breach. In breach of contract claims, the damages must be closely related to the agreement. In conclusion, medical malpractice claims and breach of contract claims are two different legal theories that can arise from disputes between a physician and a patient in the state of California. Medical malpractice claims are based on the legal theory of negligence, while breach of contract claims are based on the legal theory of contract law.

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