What is the difference between a medical malpractice claim and an intentional tort claim?

Medical malpractice and intentional tort claims are two different types of legal cases. Medical malpractice claims deal with cases against doctors, nurses, and other healthcare providers when they fail to provide a reasonable standard of care. This means that the healthcare provider did not provide care that met the accepted standard of care within the medical industry. Intentional tort claims are cases where someone has intentionally caused harm to another person. Medical malpractice cases are typically focused on negligence and require that the plaintiff (the person filing the claim) prove that the doctor failed to provide the accepted standard of care. The standard of care can be determined by the actions of other healthcare providers in similar cases. A doctor may be deemed to have been negligent if they failed to do something that a reasonable doctor would have done, or if they did something that was not accepted as part of the standard of care. Intentional tort claims, on the other hand, are focused on intentional acts. This means that the plaintiff (the person filing the claim) has to show that the doctor intentionally acted in a way that caused harm. This could include things like a doctor prescribing a medication without the patient’s knowledge, or a doctor deliberately failing to treat a medical condition. To provide a summary, medical malpractice claims are based on negligence while intentional tort claims are based on an intentional act. In both cases, the plaintiff must prove that the defendant caused harm either through negligence or intentional action.

Related FAQs

What type of medical malpractice claims are time-barred or have a statute of limitations?
What are the commonly accepted standards of care in medical malpractice cases?
What type of legal advice will a medical malpractice lawyer provide?
What do I need to know about the burden of proof in a medical malpractice case?
What rights do I have if I am the victim of medical malpractice?
How do I determine if the medical malpractice claim is covered by insurance?
What type of expert testimony is necessary in a medical malpractice case?
What type of damages are available in a medical malpractice claim?
What do I need to know about the statute of repose in medical malpractice cases?
What is the difference between a medical malpractice claim and a wrongful death claim?

Related Blog Posts

An Overview of Medical Malpractice Law - July 31, 2023
Requirements for a Medical Malpractice Case - August 7, 2023
Statute of Limitations for Medical Malpractice Lawsuits - August 14, 2023
Understanding Affidavits of Merit in Medical Malpractice Law - August 21, 2023
Preparing for a Medical Malpractice Jury Trial - August 28, 2023