What rights does a professional have when being sued for professional negligence?
In Nevada, professionals have a right to defense when sued for professional negligence. Professional negligence is a form of tort law, where a person is responsible for the damages they cause due to failing to fulfill the standard of care that any reasonable person would fulfill in the same situation. Professionals can be held liable for their professional negligence in court if the plaintiff can prove that the professional breached their duty of care and that the breach caused harm to the plaintiff. Professionals have the right to defend themselves in court and may use a number of defenses to demonstrate that the professional met the standard of care and that any harm that was caused did not arise from their negligence. The defendant may also show that the plaintiff failed to act to protect themselves from the harm they suffered. Professional liability law also affords a professional the right to have their actions reviewed by a jury of their peers, where the jury will determine if the professional met their professional duty of care. Furthermore, the defendant professional may have the right to request a trial by jury—which allows the jury to hear all the relevant facts surrounding the case and make a decision based on the evidence presented in court. Finally, the defendant professional may have the right to a settlement out of court. A settlement allows the professional to avoid the expense of a trial and to also come to an agreement with the plaintiff that compensates them for the damages that were caused by the professional’s negligence.
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