What defenses are available to professionals accused of professional negligence?

In Washington, there are several defenses available to professionals who are accused of professional negligence. One of the most common is the “error of judgment” defense. This defense may be used when a professional is accused of making a mistake that results in a negative outcome, but the professional can prove that the mistake was a reasonable decision based on the circumstances. Another defense that may be used in Washington is the “inability to perform” defense. This can be used when a professional has made an effort to perform a task correctly but is unable to do so due to circumstances beyond their control, such as a shortage of materials or time. The “good faith” defense may also be used in professional liability cases. This typically applies when a professional demonstrates that they acted in good faith when providing services or products. They must show that they believed they were acting in the best interest of their clients, even if the outcome was not the best. Finally, the “voluntary assumption of duty” defense can be used in cases of professional negligence. This applies when a professional takes on an obligation that they are not contractually required to do. They must prove that they acted in good faith and took all reasonable steps to fulfill their obligations. These are just a few of the defenses that may be available to professionals accused of professional negligence in Washington. In order to determine which defense is appropriate, it’s important to consult a legal professional to discuss the specifics of the case.

Related FAQs

What is the difference between a claim of vicarious liability and a claim of professional negligence?
What is the difference between a breach of fiduciary duty and a breach of professional liability law?
What type of evidence is needed to prove a claim of vicarious liability?
How does a professional determine what type of professional liability insurance coverage to purchase?
What type of evidence is needed to prove a professional negligence claim?
How can a professional avoid a professional negligence claim?
What is the difference between a breach of contract and a breach of professional liability law?
What is the burden of proof in a professional negligence claim?
What is the standard of care expected of professionals in a given situation?
What defenses are available to professionals accused of professional negligence?

Related Blog Posts

What is Professional Liability Law? - July 31, 2023
The Benefits of Professional Liability Law: What You Need to Know - August 7, 2023
Navigating the Complexities of Professional Liability Law - August 14, 2023
How Businesses Can Protect Themselves Through Professional Liability Law - August 21, 2023
Uncovering the Benefits of Professional Liability Insurance - August 28, 2023