What defenses are available to professionals accused of professional negligence?

Professional negligence, also known as "malpractice" or "professional malpractice," is a legal term for when a professional fails to provide services that meet the standard of care expected of such a professional. In Pennsylvania, a professional may be held liable for negligence when they fail to meet the required standard of care that they owe to their clients or patients. When accused of professional negligence, professionals can defend themselves by providing evidence that shows they used “reasonable care” to meet the standard of care expected of them. They can also argue that they were not the cause of the harm suffered by the person bringing the suit. That is to say, the injury or damage was caused by another person or circumstance that was outside the control of the professional. Similarly, some professionals may be able to show that they did not have a contract with the plaintiff or that the contract was not valid. Professionals can also claim the doctrine of “assumption of risk”, which claims that the plaintiff assumed the risk of harm when they engaged in a certain behavior that led to the harm suffered. Finally, “contributory negligence” is a defense that allows the professional to show the plaintiff contributed to their own harm. This defense works by proving that the plaintiff’s behavior was negligent and/or careless, which in turn caused the professional’s negligence to be less significant and/or less of a factor in causing the harm suffered. Overall, professionals accused of professional negligence have numerous defenses available to them including showing that they used reasonable care, that they were not the cause of the harm, or that the plaintiff assumed the risk or contributed to their own harm.

What defenses are available to professionals accused of professional negligence?

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