What is the difference between a breach of duty of care and a breach of professional liability law?

The difference between a breach of duty of care and a breach of professional liability law in North Carolina is quite significant. In a breach of duty of care, a professional—such as a doctor, attorney, or accountant—has failed to exercise reasonable care in providing services to a client. A breach of professional liability law, however, occurs when a professional has violated the duties established by law or contractual agreements. In North Carolina, the most common examples of a breach of duty of care involve a professional failing to provide a service they are qualified to perform, failing to provide the service in a timely manner, or providing a service the professional was not qualified to do. In such cases, the client can sue the professional for negligence and can seek compensation for any resulting harm. In contrast, a breach of professional liability law occurs when a professional has violated a duty or obligation established by the laws of North Carolina. For example, a professional may be liable for any harm caused by the unauthorized disclosure of confidential information, or for any harm caused by providing advice that is not legally sound. In both cases, the client can file a lawsuit against the professional—but the nature of the lawsuit and the relief sought will depend on whether the claim is based on a breach of duty of care or a breach of professional liability law. In either case, the client can seek compensation for any resulting harm sustained.

Related FAQs

Are there any differences in the application of professional liability law across different jurisdictions?
Are there any exceptions to professional liability insurance?
Are there any limitations on damages that can be recovered in a professional negligence claim?
What is the definition of a professional in a given situation?
Are there any advantages to carrying professional liability insurance?
What are the costs associated with professional liability insurance?
What is a compensation order in professional liability law?
How does professional liability law affect a professional’s legal obligations?
How does a professional determine the amount of professional liability insurance coverage needed?
When is a professional liable for damages resulting from professional negligence?

What is the difference between a breach of duty of care and a breach of professional liability law?

Related FAQs

Related Blog Posts