What is the definition of professional negligence?
Professional negligence is a civil wrong that occurs when a professional, such as a doctor, lawyer, or accountant, fails to use the same degree of care, skill, or knowledge that a reasonable professional in a similar situation would use, resulting in harm to a client or customer. In North Carolina, professional negligence, also known as malpractice, occurs when there is a breach of duty by a professional to their client or customer, and the breach of duty causes harm or financial loss to the client or customer. Professional negligence is different than ordinary negligence, which occurs when someone fails to act with reasonable care in the protection of another person’s life, health, or property. Professional negligence is a more specific form of negligence because it applies to licensed professionals and their specific duties to their clients or customers. Professional negligence can come in many forms, including failure to diagnose or treat a medical condition, legal malpractice, or accounting malpractice. In such cases, the professional is liable for the damages they have caused, regardless of whether the professional was acting intentionally or unintentionally.
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