Persons who hold themselves out to the public, as professionals, have professional standards of care. This applies to attorneys, doctors, architects, insurance agents and some other professionals. A standard of care reflects the community’s expectations that professionals choose the safest methods and decisions in the performance of their services.
Consumers pay for their specialized training and experience. A consumer is entitled to rely on their advice and conduct as complying with the standards recognized, by other professionals, for the safety of the community. Some professionals, such as attorneys and physicians, are held to a higher duty of care, the duty of a fiduciary. That means a professional must always act in your best interest. Failure to comply with the required standard of care can result in unsuspected, and unnecessary injuries, that can by physically, emotionally, and financially catastrophic. This is the basic rule of professional negligence. The standards of care are to protect the safety of the public.
“Laws are made from men of ordinary understanding, and should therefore be construed by the ordinary rules of common sense.” Thomas Jefferson.