What is the difference between an act of malpractice and a breach of professional liability law?
The difference between an act of malpractice and a breach of professional liability law in Pennsylvania is based on the intent of the action taken. An act of malpractice is a negligent act or omission caused by a professional. It involves professional misconduct or incompetence that is intended to harm someone or some entity. The harm could be either intentional or unintentional, and can be financial or psychological in nature. Conversely, a breach of professional liability law is a deliberate act or omission by a professional that violates the law or an accepted professional practice. A breach of professional liability law typically involves a professional’s violation of a duty of care. This duty of care is essentially a standard of care that is generally accepted within the profession. For example, a medical professional may breach their duty of care if they fail to follow medical standards of care for a particular patient. In order for a breach of professional liability law to be successful in Pennsylvania, the professional must have acted deliberately or with reckless disregard for the law or accepted professional practice. This type of breach of professional liability law can result in legal action being taken against the professional.
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