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

To establish a professional negligence claim in North Carolina, an individual must prove the following four elements. First, the individual must prove that the professional owed them a duty of care. A duty of care is a legal obligation to act with reasonable care to protect someone from an unreasonable risk of harm. Second, the individual must prove that the professional breached that duty of care. This element requires showing that the professional fell below the standards of behavior that a reasonably prudent professional in the same field of work would have exercised. Third, the individual must prove that this breach was the proximate cause of their injury. This element requires the individual to show that the injury would not have occurred had it not been for the professional’s breach of duty. Finally, the individual must prove that the breach of duty resulted in actual damages. This element requires the plaintiff to show that the breach of duty actually caused them harm. In summary, to establish a professional negligence claim in North Carolina, the individual must be able to prove that the professional owed them a duty of care, that this duty of care was breached, that the breach was the proximate cause of the injury, and that this breach resulted in actual damages.

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

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