Are there any legal defenses available to professionals when sued for professional negligence?

Yes, there are legal defenses available to professionals when sued for professional negligence in Washington. Generally, the defense of professional negligence is known as the doctrine of “professional standard of care,” which refers to how a reasonable professional with the same training and experience would have acted in the situation. In other words, the professional must show that their behavior was consistent with the standards of other professionals in their field. In addition, the professional can also attempt to prove that the mistake, though negligent, was not the cause of any damages. For example, if a doctor was found negligent in their diagnosis, but the patient’s condition would have inevitably worsened regardless of the doctor’s action, then the doctor cannot be held liable for the damages. Sometimes, the defendant might attempt to prove that the plaintiff has contributed to their own damages through their own negligence. This does not automatically negate the defendant’s liability, but it may reduce the amount of damages they would be responsible for. Finally, professional defense attorneys may attempt to put forth the legal defense of “statute of limitations,” which holds that the plaintiff must bring their claim for professional negligence within a certain period of time. This period varies depending on the circumstances, and can even be different from state to state. In summary, the legal defense of professional negligence in Washington may involve the defense of professional standard of care, causation, contributory negligence, and statute of limitations. It is important for professionals to consult with an experienced attorney in order to understand their legal options in a particular case.

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