What type of evidence can a professional use to prove a professional negligence claim?
In Oregon, professional liability law governs when a professional has not fulfilled their duty to provide services in a reasonable and expected manner. In order to prove a professional negligence claim, the plaintiff must provide evidence that proves that the professional breached their duty and that the breach was the cause of the harm they are claiming. The type of evidence that can be used to prove a professional negligence claim can vary, but the primary forms of evidence accepted by courts include: 1. Testimony from the defendant, plaintiff, or any witnesses who were present when the service was provided. 2. Written contracts or agreements that outline the duties of the professional to the plaintiff. 3. Photographs and videos that help demonstrate how the professional failed to provide reasonable services. 4. Expert witness testimony that provides an opinion on the standard of care expected of the professional. 5. Medical records and other documents relevant to the case. All of these forms of evidence must be relevant to the case and must be presented in a clear, reasonable, and persuasive way in order to be accepted by the court. Additionally, the plaintiff must be able to prove the four elements of negligence: duty, breach of duty, causation, and injury. If the plaintiff is able to prove these elements, then they may be able to win their case.
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