What type of evidence is needed to prove a professional negligence claim?
To prove a professional negligence claim in Montana, evidence is needed to demonstrate that the professional breached their duty of care and that this breach resulted in damages. Professional negligence claims can involve medical malpractice, legal malpractice, architectural malpractice, engineering malpractice, or other professional negligence involving a licensed professional. Evidence that is typically needed to prove a professional negligence claim includes expert testimony from other professionals in the same field. These experts can testify regarding the standard of care that should have been rendered by the professional and whether or not the professional met this standard. Furthermore, evidence of other professionals’ practices in similar circumstances is also often necessary. Other evidence that can be used to prove a professional negligence claim includes contracts, letters, emails, documents, medical records, and other documents that demonstrate the professional’s duty of care and whether or not it was breached. In some claims, witnesses can provide testimony as to conversations or events that indicate a breach of duty. Evidence of damages is also needed when pursuing a professional negligence claim. Damages can include medical bills, lost wages, pain and suffering, and other economic or non-economic losses. In order to prove a professional negligence claim, an individual must have sufficient evidence to demonstrate that the professional breached their duty of care, that this breach caused damages, and the amount of the damages incurred.
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