When is a professional considered to be liable for professional negligence?

Professional liability law in California states that a professional may be held liable for professional negligence when they fail to exercise the same level of skill and care that would be expected of a regularly competent practitioner in the same field. This includes when the professional fails to use reasonable diligence and skill in carrying out their professional responsibilities, or when they perform their duties in a way that causes harm or damages to their clients or other parties. Professional negligence may also exist if a professional fails to follow the standard of care required by their profession. This means the professional must meet the accepted standards of practice throughout their industry, and failure to do so could lead to liability. For example, a medical professional must abide by the accepted standards of practice for their specific field of medicine, such as confirming a diagnosis or providing the appropriate medications. If they fail to do this, they may be legally responsible for the damages caused. Finally, professionals can also be liable for professional negligence when they breach their contractual obligations. Whatever type of professional service or agreement is entered into, professionals are legally bound to fulfill their contractual obligations, and failure to do so will make them liable for any damages that result. When a professional fails to act in accordance with an agreement, they can be found liable for professional negligence.

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