What is the definition of a professional negligence claim?
Professional negligence claims are lawsuits in which a professional, such as a doctor, lawyer, or accountant, is sued for providing a service that is considered substandard or below the accepted standard of care for their profession. In Arizona, a professional negligence claim is pursued when a professional has breached the duty of care and the breach leads to damages caused to a client. To make a successful professional negligence claim, four elements must be established: duty, breach, causation, and damages. Duty of care refers to the standard of care required by a professional of their profession in order for the professional to fulfill their job. Breach of duty is when a professional fails to meet the standard of care. Causation requires that the damages to the client could not have occurred without the breach of duty, and final damages are the losses suffered by the plaintiff due to the professional’s negligence. For example, if a lawyer failed to meet the standard of professional care by missing a filing deadline, and this caused a client to lose a case or suffer financial damages, then the lawyer can be held liable for professional negligence. The client may be able to file a professional negligence claim and seek damages for losses.
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