What are the elements of a professional negligence claim?
In Oregon, a professional negligence claim requires that certain elements be met for a successful suit. In general, the plaintiff must demonstrate that the professional who is accused of negligence owed a duty of care to the plaintiff, that the professional breached that duty, and that the breach of duty was the proximate cause of their injury. The first element required is that the professional had a duty of care. This means that the professional has a legal responsibility to act with reasonable care towards the plaintiff in their profession and exercise the same level of skill and care as any other reasonable professional in the same field. The second element is that the professional breached that duty of care. This means that the plaintiff must demonstrate that the professional failed to exercise the same level of skill and care that any other reasonable professional in that field would have exercised in that situation. The third element is proximate cause, which requires that the plaintiff must prove that the professional’s breach of duty was the direct cause of the plaintiff’s injury. If a plaintiff can prove all these elements, they may be able to file a successful professional negligence claim in Oregon.
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