What are the legal defenses available to a professional sued for professional negligence?

In Pennsylvania, a professional sued for professional negligence may have access to several legal defenses in order to protect themselves. One of the most common defense available to a professional is that of a “Good Faith” defense. This argues that despite a professional’s lack of skill, they still attempted to render the services in a competent manner. This is an affirmative defense, meaning the professional must prove that they acted in good faith. Another possible defense is the “Comparative Fault” defense. This argument states that while the professional may have been negligent, the plaintiff’s actions, or failure to take reasonable care, may have contributed to the incident at hand and that the plaintiff may be partially or fully at fault. The “Statute of Limitations” is another defense available to the professional. This defense argues that the claim for professional negligence was brought too late, and that the statute of limitations has expired. Finally, a professional sued for professional negligence may also offer the defense of “Lack of Duty of Care.” This claims that the professional did not owe a duty of care to the plaintiff. If the court finds this to be the case, then the professional cannot be sued for negligence. These are just a few of the legal defenses that a professional may be able to utilize to protect themselves in the event of being sued for professional negligence in Pennsylvania. It is important to remember that all cases are unique and it is best to consult with an experienced attorney to discuss legal options available.

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What are the legal defenses available to a professional sued for professional negligence?

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