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

Medical malpractice and intentional tort claims are both types of civil lawsuits that can be filed when an individual is injured as a result of another’s negligence. However, there are key differences that set the two apart. Medical malpractice claims are based on negligence, meaning the injured party is alleging that the responsible party breached their duty of care. In order to win a medical malpractice claim in Virginia, the injured party must prove that the health care provider was negligent, that the negligence resulted in their damages, and that they suffered as a result. On the other hand, intentional tort claims are based on intentional wrong doing, meaning the injured party must prove that the responsible party deliberately caused them harm. In Virginia, intentional torts include battery, assault, false imprisonment, and slander. To make an intentional tort claim, the injured party must typically prove that the responsible party had the purpose to cause the harm, that the harm actually occurred, and that it caused damages. The main difference between medical malpractice claims and intentional tort claims is the intentional or negligent action of the responsible party. Whereas medical malpractice claims are based on negligence, intentional tort claims are based on intentional wrong doing.

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

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