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

A medical malpractice claim is a type of civil lawsuit where a patient alleges that the medical care they received fell below the standard of care required for a particular situation. The patient must prove that the practitioner or provider failed to provide adequate care and that their negligence caused the injury or death of the patient. An intentional tort claim, on the other hand, is a type of civil lawsuit where a plaintiff alleges that a defendant willfully and intentionally caused an injury or some type of harm to the plaintiff. This is different than medical malpractice, which is a negligence-based tort. The plaintiff must prove that the defendant had knowledge of the harm that their actions were likely to cause and that they acted with malicious intent. The main difference between medical malpractice claims and intentional tort claims is that medical malpractice is based on negligence, while intentional torts are based on intentional actions. In Georgia, medical malpractice claims are subject to a two-year statute of limitations, while intentional tort claims have no time limit. Additionally, medical malpractice claims typically involve damages for medical expenses, lost wages, and pain and suffering, while intentional tort claims may include punitive damages, which are designed to penalize the defendant and act as a deterrent to other potential wrongdoers.

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