What is the standard of care in professional liability law?
The standard of care in professional liability law in North Carolina is a measure of “reasonable care and skill” expected of professionals when providing services to clients. Professionals have a duty to act in the best interests of their clients and to provide services in a manner that meets the accepted standards of practice for their profession. Professionals must use “due care” and exercise “reasonable skill” when providing services to clients. The standard of care is determined by looking at the accepted standards of practice in the profession as well as the practices and regulations in the particular jurisdiction. The standard of care may also be established by looking at what other professionals in the same specialty may consider reasonable conduct when dealing with a similar situation. Generally, “best practices” are considered to be the appropriate standard of care. If the professional fails to provide services in accordance with the accepted standards of practice, they may be held liable for negligence. To prove negligence in professional liability cases, the plaintiff must prove that the professional failed to act as a reasonably prudent person in the same situation would have. The plaintiff must also demonstrate that the breach of duty caused the plaintiff’s damages. The law is constantly changing, thus, it is important for professionals to maintain the appropriate professional development and stay familiar with the accepted standard of care in their profession. Negligence in professional liability cases is based on a breach of the accepted standard of care, so it is important for professionals to anticipate the needs of their clients and act accordingly.
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