What defenses are available to professionals accused of professional negligence?

In the state of California, professional negligence is when a professional providing services fails to meet the accepted standard of care. This can lead to clients being wrongfully harmed and may even result in lawsuits. It is important to know what defenses are available to professionals accused of professional negligence. One potential defense is that the professional was not negligent. This defense most often requires proof that the professional acted with due diligence and provided services according to their recognized skills and abilities. It is also necessary to demonstrate that the services were of a reasonable quality. Another viable defense is known as the “unforeseen circumstances” defense. This defense argues that even though the professional exercised reasonable diligence, they could not have been expected to anticipate a particular outcome. This defense is generally easier to prove as it eliminates the need to show that the professional acted with due diligence. The defense of “assumption of risk” is also available to professionals accused of professional negligence. This defense states that the client agreed to take the risk of potential harm and the professional is not responsible. Lastly, “contributory negligence” is a defense in which the plaintiff is found partially to blame for the harm caused. This defense reduces the liability of the professional. It is important for professionals who are accused of professional negligence to have a clear understanding of the potential defenses available to them. By having a thorough understanding of the defenses available, professionals can adequately prepare for any potential litigation.

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What defenses are available to professionals accused of professional negligence?

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