What is the standard of proof needed to prevail in a professional negligence claim?
The standard of proof needed to prevail in a professional negligence claim in Pennsylvania is “clear and convincing evidence.” This means that the plaintiff (the person making the claim) must show that their case is more likely true than not true. This is a higher standard than the “preponderance of the evidence” standard most civil cases require, and is intended to make it more difficult for a plaintiff to prove their case. In a professional negligence case, the plaintiff must show that the defendant (the professional being sued) was negligent (failed to meet the accepted standard of care) and that this negligence was a direct cause of the plaintiff’s damages. The plaintiff bears the burden of proof to show, with clear and convincing evidence, that the defendant failed in their professional duty and this failure caused them harm. This can be tricky, as evidence must be collected to prove the defendant was at fault and that this fault caused the plaintiff’s damage. The clear and convincing evidence standard gives professional negligence cases a high bar to meet when it comes to a plaintiff’s burden of proof. As such, it is important for plaintiffs in professional negligence cases to be prepared with strong evidence to support their claim. Without such evidence, they may not be able to prove their case and may not be able to prevail in court.
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