ELEMENTS OF A CAUSE OF ACTION FOR PROFESSIONAL MALPRACTICE

ELEMENTS OF A CAUSE OF ACTION FOR PROFESSIONAL MALPRACTICE In the absence of a specific contractual undertaking, the architect or engineer design professional owes legal duties to perform their work in accordance with the standard of practice of their profession. Generally speaking, in order to prevail on a professional malpractice or professional negligence cause of action, the Plaintiff must assert and establish: a. what the standard of practice is for the design professional under the circumstances; b. that the design professional violated the standard of practice, and the way in which the standard of care was violated; and c. that the Plaintiff suffered damages as a proximate result of the violation of the standard of practice.