What is the difference between professional negligence and ordinary negligence?
Professional negligence and ordinary negligence are similar in that both involve a person failing to act as a reasonable person would in the same situation. However, there are distinguishing differences between the two. Professional negligence is a form of negligence that occurs when a professional, such as a doctor, lawyer, or accountant, fails to act in the manner of a reasonable person with the same qualifications and experience in his or her profession. This form of negligence is based on a higher standard of care that is expected from professionals. Ordinary negligence is a form of negligence that takes into account the ordinary standard of care required in everyday life. A person may be found guilty of ordinary negligence if they do not act as a reasonable person in the same situation would. This includes failing to use caution in potentially dangerous circumstances. In South Carolina, professional liability law holds professionals accountable for their professional negligence. Professionals may be held liable for damages if they fail to meet the expected standard of care. For example, a doctor may be held liable for damages if they fail to provide an adequate level of care in treating a patient. On the other hand, ordinary negligence has more to do with basic common sense than professional qualifications.
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