The Elements for the Claim of Professional Negligence (Malpractice)

In Nevada, the elements for a claim of professional negligence or malpractice (not including medical malpractice) are:

  1. Defendant owes plaintiff duty to exercise due care toward plaintiff;
  2. Defendant had a heightened duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise
  3. Defendant breached the duty of care;
  4. That breach caused harm to plaintiff; and
  5. Plaintiff was damaged by breach.

Clark v. Robison, 113 Nev. 949, 951, 944 P.2d 788, 790 (1997); Morgano v. Smith, 110 Nev. 1025, 1028, n.2, 879 P.2d 735, 737 (1994); Perez v. Las Vegas Med. Ctr., 107 Nev. 1, 4, 805 P.2d 589 (1991); Bank of Nevada v. Butler Aviation-O’Hare, Inc., 96 Nev. 763, 765, 663 P.2d 398, 399 (1980); Restatement (Second) of Torts, § 562 (1977); NRS 41A.015; Terracon Consultants W., Inc. v. Mandalay Resort Gp., 125 Nev. 66, 206 P.3d 81 (2009)(economic loss doctrine prevents tort suit against engineers and architects, but not attorneys, accountants, real estate professionals, and insurance brokers) (citing Goodrich & Pennington v. J.R. Woolard, 120 Nev. 777, 101 P.3d 792 (2004)); Hewitt v. Allen, 118 Nev. 216, 43 P.3d 345 (2002); Choi v. Chase Manhattan Mortg. Co., 63 F. Supp. 2d 874, 883-85 (N.D. Ill. 1999); 2314 Lincoln Park W. Condo. v. Mann, 136 Ill.2d 302, 144 Ill. Dec. 227, 555 N.E.2d 346, 353 (1990)).

See elements for other claims at the Nevada Law Library



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