What is the difference between a claim of vicarious liability and a claim of professional negligence?

Professional liability law protects professionals from being held responsible for any damages caused by their negligent work. In Washington, two types of liability claims are used when professional negligence or harm occurs: a claim of vicarious liability and a claim of professional negligence. Vicarious liability occurs when an employer or supervisor is held liable for the actions of an employee or subordinate. For example, if a doctor commits malpractice and injures a patient, then the hospital that employs the doctor could be held responsible for the malpractice. Professional negligence is when a professional who is expected to act with reasonable care and skill fails to use the standard of care that would have been used by a reasonably competent practitioner in a similar situation. This means that if the professional’s performance fell below the accepted standard of care, then the professional can be found liable for the damages. For example, if an accountant fails to report important records, then the accountant could be found liable for the resulting financial loss. The difference between a claim of vicarious liability and a claim of professional negligence is that vicarious liability is for any damages caused by an employee or subordinate, while professional negligence is for damages caused by a professional’s failure to use the reasonable standard of care. In both cases, the professional can still be found liable for the resulting harm.

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What is the difference between a claim of vicarious liability and a claim of professional negligence?

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