What is the difference between professional negligence and ordinary negligence?

The difference between professional negligence and ordinary negligence is one of degree and scope. Professional negligence, also known as malpractice, occurs when a professional in a particular field fails to act in accordance with the standards of their profession and as a result causes harm to their client. Professional negligence occurs when a professional has a duty towards their client, and owing to their negligence they fail to protect their client from potential harm or breaches their responsibility in their duty. On the other hand, ordinary negligence is much more broad in scope and includes any negligent behavior or action that fails to fulfill a reasonable standard of care, regardless of profession. For example, if a driver fails to obey traffic laws and causes an accident, that is considered ordinary negligence. The difference between the two is that professional negligence requires a higher standard of care and liability as the person is expected to act in a manner that reflects their profession’s standards. In North Dakota, professionals have a duty to act in accordance with the standards of their profession regardless of the duty of care owed to their clients. Professional negligence laws in North Dakota require that any person who acts as a professional, such as health care professionals, are liable if they cause harm due to their negligence. This is held to a higher standard than ordinary negligence laws, as professionals are held to higher standards of care than the general public.

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