Question

Distinguish between a cause of action for negligence and malpractice

Answer 1

Answer:

While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations and harm others in the process.

Explanation:

Negligence = harm that results because a person did not act reasonably, implies that a person acted carelessly.

Malpractice = professional negligence, holds professionals to a higher standard of accountability.

Answer 2

Answer:

During a negligence claim, the plaintiff's side of the case will only need to prove the defendant guilty of carelessness or a breach of duty that caused the accident. A malpractice lawsuit, on the other hand, requires the plaintiff to establish a breach of the professional duty of care.

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