Professional liability arises out of a failure to render professional services competently.
The standard of practice is the subject of expert testimony unless either the professional violated the law or an ethical standard, or the conduct was such that any reasonable person could determine that it fell below standards. A professional is any person who holds her or himself out as having special expertise in a field and provides a service in that field for compensation. Most professionals have a license and have special education, but some have not. The professional relationship is contractual so the duties to the client or patient arise from that contract. A licensed professional may owe a duty to, not only the client, but also to the general public.