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

In Pennsylvania, the burden of proof in a professional negligence claim is the same as any negligence claim: the plaintiff must show that the defendant breached their duty of care and that the breach caused damages. In order to prove breach of duty, the plaintiff will need to show that the defendant failed to exercise the level of care and judgment that a reasonably competent professional would have exercised in the same situation. To prove causation, the plaintiff must show that the damages they suffered were attributable to the defendant’s actions and not to any other factors. In some cases, the plaintiff may also need to prove that the defendant knew or should have known that their actions could harm the plaintiff. This is known as the “actual knowledge” or “constructive knowledge” standard and is generally harder to prove. In other cases, the plaintiff may be required to prove that the defendant had a duty to act, that they failed to act, and that the failure to act was the proximate cause of the injury. In any case, the burden of proof is on the plaintiff to prove that the defendant was negligent and that this negligence caused the damages they are claiming. The plaintiff must present evidence that demonstrates a breach of duty, causation of harm, and damages. If the defendant can prove that the plaintiff’s claim is unfounded, then the claim may be dismissed.

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

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