Healthcare providers and patients struggle to understand liability boundaries between contractual obligations and tort law in medical malpractice cases

Medical professionals and patients lack clarity on whether medical malpractice disputes should be resolved through contract law (between provider and patient) or tort law (broader negligence standards), creating confusion about liability, insurance coverage, and legal recourse. Current legal frameworks don't provide clear guidance on which system applies, forcing expensive litigation to determine jurisdiction rather than resolving the actual medical dispute.