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Expert witness liability

• Elements necessary to prove professional negligence

1. There must be a duty to exercise professional care.

2. There must be a breach of the duty.

3. There must be a causal relationship between the breach of duty

and a resulting injury.

4. There must be an actual loss or damage.

• Two options to manage the risk of professional negligence lawsuits

– Professional liability insurance
– Obtain indemnity from the retaining client or attorney
• Witness immunity does not protect from court sanctions or sanctions

by professional organizations.

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