What is the difference between a breach of professional duty and a breach of professional liability law?
In Tennessee, professional liability law governs the legal responsibility that professionals have to their clients. A breach of professional duty occurs when a professional fails to uphold the standards of conduct expected of someone in their profession. This can range from a failure to deliver services on time, or at all, to mishandling confidential information. A breach of professional liability law occurs when a professional is found to have been negligent in their duties, and this negligence is shown to have caused financial, emotional, or physical harm to the client. For example, if a doctor fails to diagnose a potentially life-threatening illness, and the patient suffers as a result, then the doctor can be held legally responsible for breaching professional liability law. In this case, a breach of professional duty occurred because the doctor did not adhere to the expected professional standards of care. On the other hand, if a doctor does diagnose a condition correctly, but the treatment is not effective because of a mistake on the doctor’s part, then the doctor could be held liable for a breach of professional liability law. In summary, a breach of professional duty usually refers to a failure to adhere to the expected standards of conduct in a professional setting, while a breach of professional liability law refers to a situation where the negligence of a professional is found to have caused harm to the client.
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