Responsabilité médicale et « option »

Medical liability is, in civil law, the suit of a breach of the contract. But, sometimes, it depends of the law of torts (that is the reference in common law). The patient cannot choose between the two systems. If the damage proceeds of a contractual negligence, there is only a conctractual liability. Two projects of law ((ministry of justice) are in another way; they will offer the option. Is it a good solution for the patient?