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

To establish a professional negligence claim in Pennsylvania, a plaintiff must prove the following four elements: duty, breach of duty, causation, and damages. Duty requires that a professional, such as a lawyer, doctor, or accountant, owed a certain duty of care to the plaintiff. This means that the professional had a certain responsibility to ensure that the services provided were of a professional standard. If this duty of care was breached, the plaintiff must prove that the professional was negligent or did not act as a reasonably competent professional should have done. This could be due to an error, omission, or miscommunication. Next, the plaintiff must show that the negligence caused the damages being claimed. This requires the plaintiff to demonstrate a direct link between the negligence and the harm caused. Finally, the plaintiff must show that damages were caused by the negligent act. This could include physical or monetary harm, loss of reputation, or suffering due to emotional distress. All four of these elements must be established for a successful professional negligence claim. The plaintiff must provide evidence for each element to prove that the professional was negligent and responsible for their damages.

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