What type of evidence can a professional use to prove a professional negligence claim?
In New Hampshire, there are certain types of evidence that a professional can use to prove a professional negligence claim. This includes evidence of the professional’s standard of care, evidence that the professional breached the established duty of care, evidence that the breach of the duty of care caused the injury or damages, and evidence of the actual damages suffered by the claimant. For the professional to prove that they met the standard of care, they need to show that they exercised the same reasonable degree of care and skill that would be expected from a reasonable professional in the same field. Evidence of the breach of the duty of care can include witness statements, medical records, and other documentation that shows that the professional did not meet the standard of care. To prove that the breach of the duty of care caused the injury, the professional must show that the injury would not have occurred if the professional had met the standard of care. Evidence of the actual damages suffered by the claimant may include medical records, therapy records, and reports from medical and non-medical experts. It is important for a professional to gather as much evidence as possible to support their claim. By doing so, they can provide the court with a stronger argument to support their claim and be more likely to succeed in court.
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