When is a professional held liable for damages resulting from a breach of professional liability law?
In Massachusetts, professionals such as medical professionals, attorneys, and accountants may be held liable for damages resulting from a breach of professional liability law. This means that if a professional fails to perform their duties with a reasonable level of care, then they can be held responsible for any resulting damages. A professional will be held liable for damages if they are found to have acted in a negligent manner. Negligence is defined as a failure to use the same degree of care that a reasonable person would use in similar circumstances. This means that if someone else in the same profession would have avoided the same mistake in a similar situation, then the professional can be held liable for any resulting damages. A professional also may be held liable for damages if they failed to abide by the rules and regulations set forth in their profession or the terms of their contract with the client. For example, if a medical professional failed to follow the medical standards of practice, then they could be held liable for any damages that resulted from their breach of professional conduct. In addition, a professional may be held liable for damages if they were aware of a potential problem that would result from their actions, but failed to inform the client about the potential harm. In this case, the professional could be held responsible for the damages resulting from their failure to disclose the information to the client. In summary, professionals in Massachusetts may be held liable for damages resulting from a breach of professional liability law if they fail to use the reasonable degree of care expected of their profession, fail to abide by the rules and regulations of their profession or the terms of their contract with the client, or fail to inform their client of a potential risk.
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