Chapter 4.C.2: Breach of Contract

For more on courts’ treatment of breach of contract claims in medicine, see Marc Ginsberg, Promises, Promises! Physicians’ Contractual Liability to Patients for Unfavorable Treatment Results, 33 Alb L. J. Sci. & Tech. 1 (2023); 43 A.L.R.3d 1221 (1972 & Supp.); Miller, The Contractual Liability of Physicians and Surgeons, 1953 Wash. L.Q. 413.    

Notes: Liability Based on Contract or Fraud

Note 5. Fraud

For more on the background in People v. Phillips, see W. Curran, Law-Medicine Notes — Program in Medicolegal Relations 161-164 (1989).

Note 6. Advertising and Institutional Liability

For discussion of HMO advertising regarding the quality of medical services, see Health Against Wealth: HMOs and the Breakdown of Medical Trust 59 (1996); Allan S. Brett, The Case Against Persuasive Advertising by HMOs, 326 New Eng. J. Med. 1353 (1992).