Malone v. University of Kansas Medical Center

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a complaint .stated a claim for tortious medical malpractice rather than breach of contract where the gravamen of the complaint was failure “to provide necessary, complete, competent, and authorized treatment” (emphasis omitted)
• Patient’s action against Medical Center was in tort arising from the contract to provide medical services
• action for failure of medical center to furnish all needed treatment sounded in tort; action could not be characterized as one in contract in order to avoid bar of governmental immunity
• action for failure of medical center to furnish all needed treatment sounded in tort; action could not be characterized as one in contract in order to avoid bar of governmental immunity
• action for failure of medical center to furnish all needed treatment sounded in tort; action could not be characterized as one in contract in order to avoid bar of governmental immunity
• suit by a patient against hospital based upon breach of express contract

Source: CourtListener parenthetical corpus (CC0).