What is the difference between a claim of vicarious liability and a claim of professional negligence?
The difference between a claim of vicarious liability and a claim of professional negligence lies in who is held responsible for a wrongful act. Vicarious liability is when a party is held responsible for the wrongful act of another party. This means that someone can be held liable, even if they did not commit the wrong act, if it was committed by someone else who was under their control. For example, if an employee of a company commits an act of professional negligence, the company may be liable via vicarious liability. Professional negligence is when a professional failed to exercise the level of care expected from a professional and their actions caused an injury to another person. Professional negligence can encompass a wide range of situations, such as a doctor failing to provide proper medical care or provide an accurate diagnosis, a lawyer failing to provide reliable legal advice, or an accountant providing inaccurate financial advice. In summary, vicarious liability is when an outside party is held responsible for the wrongful act of another, while professional negligence is when a professional fails to uphold the level of care expected from their profession, leading to injury or harm to another.
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