When is a professional held liable for damages resulting from a breach of professional liability law?

Professional liability laws protect the public from damages caused by negligence or intentional misconduct of professionals such as doctors, lawyers, and accountants. In Utah, if a professional is found to be legally liable for damages resulting from a breach of professional liability law, they can be held responsible for the damages. Generally, a professional will be held liable if four elements exist: 1) a duty of care was owed by the professional to the party injured; 2) a breach of the duty of care occurred; 3) the breach was the direct cause of the injury; and 4) the injury resulted in damages. A professional may be found legally liable for damages even if their breach of the duty of care was unintentional. For instance, if a doctor misdiagnoses a patient due to a lack of proper care or expertise, the doctor may be held liable for any resulting damages. Similarly, a lawyer may be held responsible for damages caused by a breach of their duty of confidentiality to a client. In some cases, a professional may also be held liable for breach of contract. This occurs when a professional fails to fulfill the obligations in a contract concerning their professional services, which causes the injured party to suffer damages. Although professional liability law is complex, when a professional is found to be legally liable for damages resulting from a breach of professional liability law, they can be held responsible for the damages.

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When is a professional held liable for damages resulting from a breach of professional liability law?

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