What is professional negligence?

What is professional negligence law?

Professional negligence law governs the legal principles and standards that hold professionals accountable for failing to perform their duties to the required standard of care, resulting in harm or financial loss to their clients. This area of law ensures that clients can seek compensation when they suffer due to the inadequate or substandard services provided by professionals such as solicitors, doctors, accountants, architects, and financial advisors.

Key elements of professional negligence law

1. Duty of care: Professionals owe their clients a duty of care, which means they must act with the level of skill and care expected of a reasonably competent professional in their field.
2. Breach of duty: A breach occurs when a professional fails to meet the established standards of their profession, either through actions or omissions.
3. Causation: There must be a direct link between the breach of duty and the harm or financial loss suffered by the client.
4. Damages: The client must have incurred actual harm or financial loss as a result of the professional's negligence.

Examples of professional negligence

Professional negligence can manifest in various forms across different professions. In the legal field, examples include missed deadlines for filing court documents, providing incorrect legal advice, and inadequate representation in court. Medical professionals might be negligent through misdiagnosis, surgical errors, or prescribing incorrect medication. Accountants can be negligent by giving incorrect tax advice, making errors in financial statements, or failing to detect fraud during audits.

Similarly, surveyors might provide inaccurate property valuations, miss significant structural issues, or overlook important planning restrictions. Architects can be negligent by creating flawed designs, failing to supervise construction properly, or providing inaccurate cost estimates. Financial advisors might offer poor investment advice, misrepresent financial products, or fail to disclose associated risks.

These examples illustrate how professional negligence can lead to significant financial loss, legal complications, or even physical harm to clients. Professionals are expected to adhere to high standards of conduct, and when they fail to meet these standards, they can be held liable for the damages caused. If you believe you have been a victim of professional negligence, consulting with a specialist solicitor can help you understand your options and pursue a claim.

What is classed as professional negligence?

Professional negligence is classed as a failure by a professional to perform their responsibilities to the standard expected of their profession, resulting in harm or financial loss to their client. This involves breaching a duty of care that they owe to their clients, which can happen in various ways:

• Incorrect advice: Providing wrong or misleading information that leads to financial loss or legal issues.
• Errors or omissions: Making mistakes in professional work or failing to include critical information that impacts the client's outcomes.
• Failure to act: Not taking necessary actions that a competent professional would have taken under similar circumstances.
• Breach of contract: Failing to fulfil the terms agreed upon in a professional service contract.

Professionals such as solicitors, doctors, accountants, architects, and financial advisors are held to high standards of conduct. When their services fall below these standards and cause negative consequences for their clients, they can be deemed negligent and liable for the resulting damages.

How do you establish professional negligence?

To establish professional negligence, you must prove the following key elements:

1. Duty of care: Demonstrate that the professional owed you a duty of care. This means showing that there was a professional relationship where the professional was expected to provide a certain standard of service.
2. Breach of duty: Prove that the professional breached this duty of care by failing to meet the standards expected of their profession. This involves showing that their actions or omissions were not what a reasonably competent professional would have done under similar circumstances.
3. Causation: Establish a direct link between the breach of duty and the harm or financial loss suffered. You must show that the negligence directly caused the negative outcome.
4. Damages: Provide evidence of the actual harm or financial loss incurred as a result of the professional’s negligence. This could include financial losses, additional costs incurred, or physical or emotional harm.

If you would like to pursue a claim for professional negligence please contact us on 0161 696 6178.