What is the definition of a professional negligence claim?
A professional negligence claim involves a professional or business that has been accused of providing services that fall below the accepted industry standard. This is known as a failure to exercise a reasonable degree of skill, care and/or caution. In North Dakota, a professional negligence claim can involve any situation in which a professional - such as a doctor, nurse, accountant, lawyer, or other professional - has failed to provide services that are expected of a professional in the same field, causing financial or physical harm to a patient, client or customer. Professional negligence claims usually need to involve a legally recognized duty or responsibility that the professional or business had to the patient, client, customer or other individual. The individual bringing the claim must prove that the professional or business breached this duty of care and that they were harmed as a result. Professional negligence claims are based upon the belief that the professional or business did not meet the standards of accepted industry practice. As such, professional negligence claims can be incredibly complex and involve a variety of legal and factual issues. A successful claim must demonstrate that the professional or business failed to provide services that were expected of them and that this failure caused harm in the form of economic losses, physical or mental harm, or some other type of harm. In North Dakota, professional liability law is applicable to a wide range of professions, from construction to health care.
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