A tort includes a wide range of wrongful acts, from accidental injuries to deliberate invasions of privacy. Any claim based upon an act or omission of an officer, agent or employee of any agency of government in the execution of a lawful order of any court. 5.In medical malpractice cases, damages can be divided into two categories: compensatory and punitive damages. Compensatory Damages. A tort case arises when a person suffers an injury, loss, harm, or damage, and such a person files a claim against the perpetrator for compensation. The first step in filing a VA tort claim for negligence in a medical malpractice case is identifying the specific incident where it occurred. The first step in filing a VA tort claim for negligence in a medical malpractice case is identifying the specific incident where it occurred. Among the diverse landscape of tortious acts, a prominent category emerges in the healthcare realm: medical malpractice. There are three types of negligence recognized in the Commonwealth of Virginia: negligence, gross negligence, and willful and wanton negligence. Make notes for yourself before you begin to fill out forms.