What is the difference between negligent and intentional acts of professional negligence?
Negligent and intentional acts of professional negligence are both forms of professional liability law in Utah. Negligent acts of professional negligence occur when a professional’s failure to provide a service or product meets a certain standard of care and results in damage to the client. Intentional acts of professional negligence are those which involve intentional acts of negligence, or purposeful misconduct on the part of the professional. Negligent acts of professional negligence are generally caused by a lack of skill or care taken by a professional. These acts of negligence can be accidental or unintentional, such as a doctor prescribing medication without being aware of the symptoms of an illness. Negligent acts can also be caused by a professional’s incompetence, such as a lawyer filing a contract incorrectly. In each of these cases, the professional’s negligence results in the client’s harm, which can lead to a professional liability lawsuit. In contrast, intentional acts of professional negligence occur when a professional purposefully fails to provide a service or product to the client. These acts of negligence can include fraudulent actions, such as a doctor prescribing medication without informing the patient of the potential side effects. Intentional acts of professional negligence can also involve a professional’s deliberate disregard of ethical standards. For example, a lawyer may purposefully mishandle a client’s case in order to benefit a competing client or organization. In both negligent and intentional acts of professional negligence, a professional can be held liable for the harm caused to the client. In most cases, whether the act was intentional or negligent does not matter. If a professional has acted negligently or intentionally, then the client may have a legal claim and can pursue a professional liability lawsuit against the professional.
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