When is a professional liable for damages resulting from professional negligence?
In Washington, a professional can be held liable for damages resulting from professional negligence, which is providing services below a minimum standard of care. Professionals owe a duty of care to those they serve and if they fail to meet the minimum level of care, they can be held liable for negligence. In Washington, professional negligence is defined as a breach of the standard of care which is required of the particular profession. This standard of care is typically determined by the state’s professional licensing agency, and will vary depending on the profession. Therefore, the scope of a professional’s liability depends on the profession and what’s expected of those in the profession. Generally, for a professional to be held liable for negligence, the plaintiff must show that the professional failed to meet the standard of care for their profession and that their negligence resulted in direct financial or other damages. Furthermore, the plaintiff must establish causation, meaning that the professional’s negligence was the direct cause of the damages. Lastly, the professional must have had a fiduciary responsibility to the plaintiff. This means that the professional was responsible for taking care of the plaintiff’s interests and protecting them from potential harm. If these standards are met, the professional can be held liable for damages resulting from their negligence.
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