The Standout Firm For

Insurance, Malpractice
And Business Litigation

In California

Common defenses used in professional malpractice litigation

On Behalf of | Jan 20, 2025 | Professional Malpractice

Professional malpractice claims can lead to serious legal consequences. Defendants in these cases often rely on specific defenses to challenge the claims. 

Understanding these defenses can provide insight into how malpractice litigation unfolds.

Proving the standard of care was met

One common defense involves showing that the professional met the standard of care. In California, professionals such as lawyers and accountants must provide services that meet the level of skill and care expected in their field. If the defendant can demonstrate they acted reasonably and competently under the circumstances, this defense may defeat the claim.

Establishing no causation

Defendants may argue that their actions did not cause the plaintiff’s harm. In malpractice cases, the plaintiff must prove that the professional’s negligence directly caused their damages. If other factors contributed to the outcome, the defendant might avoid liability.

Lack of damages

Another defense is proving that the plaintiff did not suffer actual damages. A malpractice claim requires evidence of tangible harm, such as financial losses or physical injuries. Without proof of damages, the claim may not hold up in court.

Statute of limitations

California law sets strict deadlines for filing malpractice lawsuits. Defendants may argue that the plaintiff’s claim is invalid if it was filed after the statute of limitations expired. For professional malpractice, this timeline typically begins when the plaintiff discovers, or should have discovered, the harm.

Contributory negligence

In some cases, the plaintiff’s actions may have contributed to their harm. Defendants can use contributory negligence as a defense, arguing that the plaintiff’s conduct played a role in the outcome. California’s comparative fault system allows courts to reduce damages based on the plaintiff’s degree of responsibility.

Moving forward with clarity

Professional malpractice cases involve complex legal principles. Understanding common defenses and how California law applies to these situations can provide valuable insight for anyone involved in such disputes.