What are the elements of proof needed to establish a professional negligence claim?

To establish a professional negligence claim in California, the following elements must be proven by the plaintiff: duty, breach of duty, causation, and damages. A duty is an obligation to act reasonable according to a certain standard of care. In professional liability law, this means that professionals must provide services with reasonable care and skill that the average professional of the same discipline would provide. The breach of duty element requires the plaintiff to prove that the professional failed to act with reasonable care and skill. This can be established by showing that the professional performed below the reasonable standard of care. Causation is the connection between the breach of duty and the damages incurred by the plaintiff. This element requires the plaintiff to demonstrate that the breach of duty directly caused the damages. Lastly, the plaintiff must prove that they suffered damages as a result of the professional’s negligence. Damages may include economic losses, physical pain and suffering, emotional distress, or loss of companionship. Professional negligence claims are complex and require evidence from experts in the relevant field to establish these elements of proof. Therefore, it is important for plaintiffs to seek out legal guidance when attempting to prove their case.

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What are the elements of proof needed to establish a professional negligence claim?

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