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

In Georgia, the burden of proof in a professional negligence claim falls to the plaintiff. This means that the plaintiff must present evidence that the defendant was liable for the negligence or carelessness that resulted in injury or damage. The plaintiff must demonstrate that the defendant was at fault for failing to meet the expected professional standard of care. In order to prove negligence, the plaintiff must prove that the defendant breached their duty of care, that this breach was the direct cause of the injury or damage, and that the injury or damage resulted in actual harm to the plaintiff. The legal standard for determining negligence is that the defendant’s actions or failure to act must have been such that a reasonable professional would have not acted this way in the same circumstances. The plaintiff also has to show that they have suffered some sort of actual damage or loss as a result of the defendant’s negligence. This includes things like lost wages, medical bills, and emotional suffering. The plaintiff must be able to demonstrate that their losses were directly caused by the professional’s negligence, and that they should be compensated for these losses. The burden of proof lies with the plaintiff, which means that they must be able to prove the elements of professional negligence with clear and convincing evidence. If they cannot, then they will fail to prove their case and the defendant will not be held liable.

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

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