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

Medical malpractice and intentional tort claims are both civil claims that are brought in order to seek compensation for harm that one has suffered. However, they differ in the types of harm and causes of harm they address. Medical malpractice claims arise when a healthcare provider has rendered negligent care, which results in harm to a patient. Negligence means that the provider did not meet the expected standard of care for the situation and that the breach of that standard directly caused the harm. In order to succeed in a medical malpractice claim, the plaintiff must prove that the defendant was negligent. In contrast, an intentional tort claim is brought when a defendant has intentionally caused harm to the plaintiff. This means that they acted with the specific aim of doing harm, such as through assault orBattery. In Washington, intentional torts are also known as “intentional injuries”. To succeed in an intentional tort claim, the plaintiff must prove that the defendant intended to cause harm. In summary, the difference between a medical malpractice claim and an intentional tort claim is that medical malpractice claims arise when a healthcare provider has negligently caused harm, while intentional tort claims arise when a defendant has intentionally caused harm. Each type of claim must be proven in court differently in order to succeed.

Related FAQs

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

Related FAQs

Related Blog Posts