What is the definition of professional negligence?

Professional negligence is a legal concept in Virginia that applies when a professional - such as a lawyer, doctor, or accountant - fails to exercise their expertise in a situation and this failure causes harm to a client. For instance, if a doctor misdiagnosed a patient and they suffer medical complications due to the misdiagnosis, the doctor could be liable for professional negligence. In such cases, the client can sue the professional for damages. Professional negligence is distinct from ordinary negligence, which does not involve a professional and applies when a person breaches their duty to be reasonably careful and causes harm as a result. For professional negligence to be successful, it must meet certain criteria: the professional must have a duty of care, they must have breached this duty, and the breach must have caused harm to the client. It is important to note that professional negligence is not something that is done on purpose; it is an omission or an error. It applies when a professional fails to exercise the care, skill, and knowledge they should in their profession, and it results in harm to the client.

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