What is a tort in healthcare?

• A. A civil wrong, other than breach of contract, resulting from violation of a legal duty that causes injury and may warrant damages
• B. A criminal act
• C. A breach of contract
• D. An ethical violation

Answer: (A)

A healthcare tort is a civil wrong, not a crime or a mere breach of contract, where a person is harmed due to a breach of a legal duty by another. The idea is that a duty exists—such as the standard of care a clinician must meet—and when that duty is violated and injury results, the harmed party may seek damages in civil court. In practice this includes situations like negligence or malpractice, where a provider’s failure to meet the accepted standard of care leads to patient harm and financial compensation. It’s different from a criminal act, which involves punishment by the state, and from a simple breach of contract, which concerns failing to fulfill terms of an agreement. It’s also distinct from an ethical violation, which relates to professional norms and conduct rather than automatically creating civil liability.