When a malpractice claim is brought by a third person rather than a client or patient of the defendant, the malpractice action should be based on a tort theory such as negligence, gross negligence, or fraud.

Question

Quizplus · Accepted Answer

This is true. When a third person brings a malpractice claim, it is typically based on a tort theory rather than a breach of contract theory because they are not themselves the client or patient who had a contractual relationship with the defendant.

When a Malpractice Claim Is Brought by a Third Person