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

Medical malpractice and breach of contract claims are two distinct legal actions that arise when a health care provider fails to comply with their legal obligations to a patient. Medical malpractice claims occur when a health care provider fails to provide reasonable medical care or acts recklessly in their treatment of a patient in a manner that no other reasonably prudent health care provider would have under the same or similar circumstances. When a patient enters into a contract with a health care provider, they are legally obligated to provide services as promised in the contract. When this contract is breached and the health care provider fails to render the promised services or fails to meet the standards of care, this is a breach of contract claim. In Hawaii, medical malpractice and breach of contract claims are subject to the same statute of limitations which is two years from the date of injury or the date the injury should have been discovered. Both types of claims must be brought in a civil court. In order to prevail in a medical malpractice claim in Hawaii, the plaintiff must prove that the health care provider acted negligently and was responsible for the injury. To prevail in a breach of contract claim, the plaintiff must prove that there was an enforceable contract, that the health care provider breached the contract, and that the breach caused damages. It is important to understand the difference between a medical malpractice claim and a breach of contract claim when seeking legal relief. An experienced attorney can help evaluate the differences and determine the best course of action.

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

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