Professional Standard of Care

Professional Standard of Care

Professional Standard of Care

The professional standard measures conduct against what a reasonably prudent member of the profession would have done under similar circumstances. It is established through expert testimony from a qualified practitioner.

It is a standard of reasonable competence, not perfection or best practice.

Alternative Names:

Professional Negligence Standard, Standard of Care (Professional)

Why it Matters?

The gap between the standard and best practice is where most professional liability defenses live, since a plaintiff expert will often describe the optimal approach rather than the minimum acceptable one. Establishing the range of acceptable professional judgment, and that the defendant's choice fell within it, defeats claims that would fail against a perfection standard. Contemporaneous professional guidance from the relevant period is the strongest evidence.

Frequently Confused with

Related terms

Frequently asked questions

Is the standard best practice or minimum competence?

Is the standard best practice or minimum competence?

Reasonable competence. Departure from an optimal approach is not negligence if the conduct fell within the range of acceptable professional judgment.

What is judgmental immunity?

What is judgmental immunity?

A doctrine protecting professionals from liability for reasonable judgment calls on unsettled questions, applied most often to attorneys and physicians.