What defenses are available to professionals accused of professional negligence?

In Montana, professionals accused of professional negligence have several defenses available to them. Generally, the most common defense is that the professional was exercising a reasonable level of skill and knowledge when they were performing their duties. Professionals can also claim there was no professional duty that was breached or that the negligent act was not the cause of harm or damage. Another defense available to professionals is that there were no damages caused by the negligent act. Professionals can also argue that any damages were covered by an insurance policy they may have had in effect at the time of the incident. Professionals can also argue that the injury or damage was caused by the fault of the claimant, and not by any act of negligence on the part of the professional. Professionals may also argue that the harm or damage was caused by another person or entity and not by their own actions. Professionals can also argue that they had already taken steps to prevent any damage or harm from occurring. Finally, professionals can argue that the law was not followed or that the negligent act was not foreseeable. These are just some of the defenses available to professionals accused of professional negligence in Montana. Depending on the facts of the case, other defenses may be available as well. Ultimately, it is up to the defendant to present the most powerful defense available in order to protect their interests.

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What defenses are available to professionals accused of professional negligence?

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