When is a professional held liable for damages resulting from a breach of professional liability law?
In New Hampshire, professionals can be held liable for damages resulting from a breach of professional liability law if they fail to adhere to the standard of care that is expected of them in their profession. This standard is known as "professional negligence," and the professional must have acted negligently in order to be found liable for damages. Professional negligence is demonstrated when a professional fails to exercise a reasonable degree of skill and care in the performance of their job. The professional must also have breached their duty to the plaintiff, which is the person or entity that seeks compensation for damages resulting from a breach of professional liability law. The duty that a professional owes to a plaintiff is determined by applicable laws and regulations, professional standards, and industry custom and practice. If any of these areas are breached, then the professional may be held liable for damages. In addition to proving that the professional was negligent and breached their duty to the plaintiff, the plaintiff must also demonstrate that they suffered some kind of damage as a result of the breach. This damage can be physical or economic, such as a financial loss, damage to property, or medical costs. Finally, the plaintiff must prove that the damages were a direct and proximate result of the professional’s breach of duty. If all of these elements are satisfied, then the professional may be held liable for damages resulting from a breach of professional liability law.
Related FAQs
What type of professional is subject to professional liability law?What is the difference between a breach of professional liability law and a breach of trust?
How can a professional defend against a professional negligence claim?
What types of negligence claims do professional liability laws cover?
How does a professional determine the amount of liability insurance coverage needed?
What is the purpose of professional liability law?
What is the standard of care in professional liability law?
What types of professionals are subject to professional liability law?
What is the role of insurance companies in professional liability law?
Are there any exceptions to professional liability insurance?
Related Blog Posts
What is Professional Liability Law? - July 31, 2023The Benefits of Professional Liability Law: What You Need to Know - August 7, 2023
Navigating the Complexities of Professional Liability Law - August 14, 2023
How Businesses Can Protect Themselves Through Professional Liability Law - August 21, 2023
Uncovering the Benefits of Professional Liability Insurance - August 28, 2023