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Professional Negligence
By
David Day |
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Not only can ordinary individuals be sued for injuries resulting from their
negligence, but the negligence standard also applies to professionals.
Physicians, accountants, lawyers, surveyors and other professionals have a
duty to exercise reasonable care and skill when attending to the needs of
their patients and clients. In the event that an injury occurs as a result of
their failure to adhere to their professional standard of care, it will
ordinarily be cause for that professional to be liable for malpractice. The
general principle underlying the determination of malpractice is what
constitutes reasonable care, skill and diligence where the professional
practices. If that community standard has not been met (and other defenses do
not apply), then the professional may be liable for negligence and
malpractice is established.
It has been my experience that most non-lawyers think that every mistake made
by a professional is an act of malpractice. That is not necessarily true. Not
every mistake or mishap at the hands of a professional constitutes
malpractice. Only those actions which fall below the standard of care
established by these professionals can result in a successful malpractice
claim.
In my experience, pursuing a professional negligence claim can be very
costly. The greatest costs results from the need to have an expert witness in
the same profession testify as to: (1) the deviation or departure from the
professional's standard of care; (2) that damages were caused by the
professional's negligence; and (3) the extent of those damages. Without such
an expert, most cases of professional negligence never can get off the
ground. |
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