What is the definition of professional negligence?
Professional negligence is defined as a failure to exercise the level of care that a professional with similar qualifications, experience, and training would take in a similar situation. This type of negligence applies to any professional that provides a service, such as doctors, lawyers, and accountants. Professional negligence must involve a breach of a professional duty of care, resulting in harm to an individual. In the state of Tennessee, all professionals are held accountable for negligence, which is any act or omission that deviates from the normal industry standard. If a professional fails to provide the expected standard of care and this results in a financial loss, property damage, or personal harm, then the client has the right to sue for negligence. In general, professional negligence can be divided into three different categories. The first category is actual negligence, which is an act or omission that a person should have reasonably known would cause harm. The second category is constructive negligence, which occurs when a professional either fails or refuses to act in a responsible manner. The third and final category is strict liability, which occurs when a professional is held liable for damages that occur as a result of a breach of duty. Ultimately, professional negligence can be defined as a failure of a professional to provide a standard of care that is expected and agreed upon by the professional and the client. This failure must cause harm to the client in order for a claim to be made. In Tennessee, negligence claims can be filed against any professional service, such as medical professionals, lawyers, accountants, and other service providers.
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