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

In Washington, a professional negligence claim requires proof of four separate elements in order to be successful. The first element is duty—a professional owes a duty of care to their clients. Generally, this duty is based upon the standards of the profession. For example, a doctor has a duty to exercise reasonable skill and care when treating a patient. The second element is breach of duty. This is the negligence of the professional. Breaches of duty can occur when a professional fails to exercise reasonable skill and care when providing services, or if they breach a promise or contract. The third element is causation. This is the link between the professional negligence and the damages suffered by the client. This means that the client must prove that the professional’s negligence was actually the cause of the harm they experienced. Finally, the fourth element is damages. Damages are the losses suffered by the client as a result of the professional’s negligence. Examples of damages could include loss of income, medical bills, or emotional distress. In Washington, a professional negligence claim must meet all four of these elements to be successful. If any of these elements are not met, the claim will not be successful.

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

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