What is the difference between negligent and intentional acts of professional negligence?

Professional negligence occurs when a professional fails to meet their duties of care, resulting in a breach of contract or tort. Negligent acts of professional negligence involve careless or accidental errors that result in harm. Intentional acts of professional negligence involve deliberate actions taken by the professional that disregard the safety and welfare of the client. In Tennessee, the primary difference between negligent and intentional acts of professional negligence is the level of intent. With negligent acts, the burden of proof is on the plaintiff to show that the professional was careless or inattentive. This can include evidence of the professional not using best practices or not following safety guidelines. With intentional acts, the standard of proof is higher. The plaintiff must show that the professional specifically meant to cause harm or engage in reckless behavior in order for the claim to be successful. There are also other differences between the two in some areas. Negligent acts may or may not be covered by professional liability insurance, whereas intentional acts are almost never covered. Additionally, compensatory damages may be available for negligent acts, but punitive damages are usually only sought after for intentional acts. No matter what the act, professional negligence can have serious consequences for both the professional and the client. It is important for both parties to understand and abide by the laws in the state of Tennessee in order to protect themselves and keep the focus on delivering high quality, reliable services.

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What is the difference between negligent and intentional acts of professional negligence?

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