What is the difference between a breach of professional ethics and a breach of professional liability law?
Professional ethics and professional liability law are both important safeguards that help protect consumers from irresponsible and unethical actions of professionals. However, there are important distinctions between the two. Professional ethics are voluntary standards of behavior that provide guidance for professionals in their interactions with clients or other stakeholders. Professional ethical standards can vary depending on the industry or profession, but generally outline practices related to being honest and truthful, avoiding conflicts of interest, maintaining confidentiality, and avoiding deceptive or unfair business practices. On the other hand, professional liability law, or malpractice law, is a set of statutes and common law that establishes the legal responsibility of professionals for negligent or wrongful acts. It protects consumers from harm caused by professional negligence or wrongdoing. In South Dakota, professional liability law applies in specific cases in which a professional has failed to provide the services to the standard of care established by the state. In summary, professional ethics provide voluntary standards of behavior for professionals, while professional liability law establishes a legal framework that holds professionals responsible for their negligent or wrongful behavior.
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