What Constitutes Professional Negligence?
We have covered where to locate the standards of care and the areas of potential liability. There are four criteria that are evaluated when a professional negligence claim is filed. Duty: Was a relationship established between the plaintiff and the defendant with a duty to provide care. Breach Of Duty: Was the defendant negligent in meeting a standard of care. Damages: Did the plaintiff suffer permanent damages related to care given. Damages can be financial, physical or emotional. Proximate Cause: Are the damages suffered by the plaintiff a direct result of the breach of duty claimed.
