When is a professional held liable for damages resulting from a breach of professional liability law?
When a professional is found to have breached professional liability law, they may be held liable for any financial losses or damages resulting from their actions. In Michigan, a professional is liable for damages if they have acted recklessly, with gross negligence, or in bad faith. Additionally, a professional can be liable if they have failed to exercise the proper degree of care expected of a professional in that particular field. The legal doctrine of “negligence per se” may also be used to hold a professional liable. This doctrine states that if a professional has violated a safety regulation or law, then they may be held liable for damages even if their negligence was not intentional. For example, if a doctor violates a safety regulation at their hospital, they may be held liable for any resulting injury or illness. Due to the complexity of professional liability law, it is important to seek legal advice in the event of a potential breach of professional liability law. An attorney can help determine if a professional is liable for damages in a given situation and provide advice on the best course of action going forward.
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