What is the burden of proof in a professional negligence claim?
In North Carolina, the burden of proof in a professional negligence claim is the same as any other form of negligence claim. The person making the claim, known as the plaintiff, must prove four elements: duty, breach, causation, and damages. For the "duty" element, the plaintiff must show that they have a reasonable expectation that the professional in question provided services with a specific standard of care. For the "breach" element, the plaintiff must prove that the professional failed to meet the established standard of care or breached a contract. For the "causation" element, it must be shown that the breach of duty was the direct cause of the damages inflicted upon the plaintiff. Finally, for the "damages" element, the plaintiff must demonstrate that the breach resulted in the tangible harm or financial loss. In order to prove this, the plaintiff must show all four elements by a greater weight of evidence such as witness testimony, expert opinions, and relevant documents. The plaintiff also has the burden to prove that their injury or damages were directly caused by the professional’s negligence or breach of contract. Overall, the burden of proof in professional negligence claims in North Carolina requires the plaintiff to demonstrate that the professional acted with negligence and caused harm to the plaintiff, which is a difficult task that requires evidence and proof to support the claim.
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