How can a professional defend against a professional negligence claim?

A professional in Pennsylvania can defend against a professional negligence claim by presenting a “duty of care” argument. This means that the professional must prove that they provided a certain standard of care when they were acting in their professional capacity. Additionally, they must prove that they did not breach the duty of care by failing to act in a reasonable manner and therefore did not cause injury or damage. Essentially, the professional must prove that the standard of care they provided was the same that any other professional in the same field and of the same level of expertise would provide. The defendant may provide testimony from other professionals in the same field as expert witnesses to attest to the standard of care the defendant provided. This is important as it will help to protect the professional from legal liability and demonstrate to the court that the standard of care provided was up to standards of the industry. The professional may also argue that any damages or losses occurred due to factors outside of their responsibilities and outside of their control. This is referred to as “force majeure” and can help protect the defendant from professional negligence claims. Additionally, the professional may argue that the damages or losses due to the professional negligence were not foreseeable and therefore they should not be held legally liable. This argument can help the professional as it places the burden on the plaintiff to prove that the defendant had a reasonable expectation of damages or losses due to their actions or inactions.

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How can a professional defend against a professional negligence claim?

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