What is the burden of proof in a professional negligence claim?
In North Dakota, the burden of proof in a professional negligence claim is the same as in other states. The plaintiff, or the person bringing the claim, must prove that the professional was negligent and that the negligence was the cause of injury or damage. This must be proven by a preponderance of the evidence (meaning that it is more likely than not that the professional was negligent and that the negligence caused the injury or damage). In a professional negligence claim, the plaintiff must prove four elements: 1) Duty - that the professional had a duty to act with a certain degree of care and skill; 2) Breach - that the professional failed to meet the accepted standard of care; 3) Causation - that the professional’s breach of duty caused the injury or damage; and 4) Damages - that the injury or damage caused the plaintiff to suffer a loss. The plaintiff must provide evidence to support each of the four elements, and the burden of proof remains on the plaintiff throughout the entire process. This means that the plaintiff must provide sufficient evidence to prove that the professional was negligent and that the negligence caused the injury or damage. If the plaintiff is unable to provide enough evidence to meet the burden of proof, then the claim may fail.
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