Special diligence refers to the level of care and attention that is expected from a professional in a specific field when dealing with particular circumstances. This standard varies based on the profession and the situation at hand. Essentially, it encompasses the responsibility to act with caution and thoroughness to avoid harm or errors.
In legal practice, special diligence is often relevant in various areas, including civil law, professional liability, and contract law. It is crucial in determining whether a professional has met the expected standards of care in their field. For instance, a medical professional is expected to exercise special diligence when treating patients, while an attorney must do so when representing clients. Users can manage related legal matters by utilizing templates available on platforms like US Legal Forms, which provide essential documents drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: A doctor diagnosing a patient must use special diligence by conducting thorough examinations and considering all relevant medical history to avoid misdiagnosis.
Example 2: An attorney representing a client in a complex legal matter must exercise special diligence by researching applicable laws and preparing adequately for court. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Special Diligence Standard |
|---|---|
| California | High standard for medical professionals. |
| New York | Strict adherence to professional guidelines. |
| Texas | Standard varies significantly based on the profession. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Ordinary diligence | The average level of care expected from a reasonable person. | Special diligence is higher and context-specific. |
| Negligence | Failure to take proper care in doing something. | Special diligence is a standard to prevent negligence. |
If you believe that special diligence applies to your situation, consider the following steps:
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Special diligence requires a higher standard of care specific to a profession, while ordinary diligence is the average level of care expected from a reasonable person.