Professional Standard of Care

Pronunciation: proh-FESH-uh-nul STAN-derd of KAIR

Torts › Breach

Definition

Professionals (doctors, lawyers, architects, accountants) are held to the standard of a reasonably competent practitioner in the same field under the same or similar circumstances, rather than the general reasonable person standard. Expert testimony is generally required to establish both the professional standard and the defendant's deviation from it. For physicians, the traditional locality rule (standard of the local medical community) has largely been replaced by a national standard in most jurisdictions. Unlike general negligence, professional custom typically does set the standard of care — departure from accepted practice is strong evidence of breach.

Related terms

• Breach of Duty — The second element of negligence, requiring plaintiff to prove defendant's conduct fell below the applicable standard of care.…
• Custom and Usage — Evidence of industry custom and standard practices relevant to determining breach but not conclusive. Compliance with custom does…
• Duty of Care — A legal obligation to exercise reasonable care to avoid causing harm to others. The duty of care is…

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