NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
A paralegal is assisting an attorney with a medical malpractice case. The plaintiff claims that a surgeon's negligent performance during an operation led to permanent injury. To establish liability, the plaintiff's attorney must prove that the surgeon breached a duty of care. Which of the following best describes the standard of care generally applied to professionals like surgeons?
- AThe care that a reasonably prudent layperson would exercise in similar circumstances.
- BThe care and skill that a reasonably prudent professional in the same field and community would exercise.
- CThe highest possible level of care, guaranteeing a perfect outcome.
- DThe care that the individual professional subjectively believed was appropriate at the time.
Show answer & explanationAnswer & explanation
Correct answer: B. The care and skill that a reasonably prudent professional in the same field and community would exercise.
Professionals, including surgeons, are held to a higher standard of care than ordinary individuals. They must exercise the knowledge, skill, and care ordinarily possessed and exercised by a reasonably prudent professional in the same field and community.
Why the other options are wrong
- A. This is the general standard for ordinary negligence, not professional negligence.
- C. Professionals are not guarantors of perfect outcomes; negligence is about the process of care, not the result.
- D. A subjective standard is not used; it's an objective standard based on what a reasonable peer would do.
Professional Standard of Care
The level of care, skill, and diligence that a reasonably prudent professional in the same field and community would exercise under similar circumstances.
- Higher than the ordinary 'reasonable person' standard.
- Often requires expert testimony to establish what the standard is and if it was breached.
- Applies to doctors, lawyers, accountants, engineers, etc.
- Breach of this standard can lead to professional malpractice liability.
Memory trick: Professional care is 'P'eer-based, not just 'P'rudent.