What is the burden of proof in a professional negligence claim?

In Florida, the burden of proof in professional negligence claims is that of a preponderance of evidence, meaning that the plaintiff must prove that the defendant was more likely than not negligent in the rendering of their professional services. This means that the plaintiff must show that, based on all of the presented evidence, the defendant was negligent and that their negligence caused the plaintiff’s damages. The plaintiff may present evidence in various forms, such as direct and circumstantial evidence, expert testimony, witness statements, and written records. In order to prove the defendant’s negligence, the plaintiff must show that the defendant’s actions did not meet the standard of care that is expected of a professional in their field. If the plaintiff establishes that the defendant’s actions did not meet the expected standard of care, then the plaintiff has met the burden of proof for negligence. It is also important to note that, in some cases, the defendant may attempt to use a defense to prove that their negligence did not cause the plaintiff’s damages. For example, the defendant may attempt to argue that the plaintiff’s damages were caused by a factor that was outside of their control. In these cases, the burden of proof falls on the defendant to prove that their negligence did not cause the plaintiff’s damages.

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What is the burden of proof in a professional negligence claim?

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