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

The difference between negligent and intentional acts of professional negligence lies in the intent of the person responsible for the negligence. Negligent acts occur when a professional fails to perform their duty with the level of care that a reasonable person would have taken in the same situation. Negligence can be considered an unintentional or careless act. For example, a doctor administering an incorrect medication to a patient due to inattention or a lawyer who fails to file important paperwork on time due to a clerical error would both be considered negligent. On the other hand, intentional acts of professional negligence occur when a professional knowingly fails to perform their duty with the level of care that a reasonable person would have taken in the same situation. This type of professional negligence can involve the intentional infliction of harm, fraud, or even deliberate omission of duties. For example, a doctor prescribing a medication to a patient without informing them of the potential side effects or a lawyer deliberately disregarding a client’s instructions would both be considered intentional acts of professional negligence. In Washington, professional liability law and the law of torts define negligence as a failure to use reasonable care, skill, or diligence that results in injury or harm to another. This means that both negligent and intentional acts of professional negligence can result in civil or criminal liability.

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