Are there any special considerations for professionals when facing a professional negligence claim?
Yes, there are special considerations for professionals when facing a professional negligence claim in North Carolina. First, it is important for a professional to know the professional standard of care that is applicable to their profession. Professional standard of care is a legal standard that requires professionals to render services with the same degree of skill and knowledge normally exercised by members of that profession in similar circumstances. Professionals should also be aware that a plaintiff must prove that the professional had a duty of care to the plaintiff, breached that duty, and that the breach caused damage to the plaintiff. It is also important for a professional to become familiar with the local laws related to professional negligence claims. For instance, the North Carolina Medical Malpractice Act requires that a plaintiff provide a written notice to the defendant at least 90 days prior to filing a claim and filing the claim within three years of the date of the alleged malpractice. The professional should also consider utilizing the services of a professional liability insurer in order to protect their assets in the event of a lawsuit. This type of insurance policy typically covers the cost of defense and damages incurred by the defendant in the lawsuit. Finally, the professional should familiarize themselves with the legal services available in North Carolina. There are a number of legal services that provide advice and assistance to professionals facing a professional negligence claim. These services can provide invaluable assistance in navigating the complexities of professional liability litigation.
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