Introduction
When hiring a professional service provider like a doctor, lawyer, accountant, or financial advisor, there is an expectation that they will provide their services competently and diligently. However, sometimes, professionals can make mistakes or fail to meet the required standard of care. This can result in significant losses and damages to their clients. When this occurs, the client may have a viable claim for professional negligence. But what exactly constitutes a professional negligence claim? This article will examine the key elements and examples of professional negligence.
What is Professional Negligence?
Professional negligence occurs when a professional fails to provide services as a reasonably competent professional would under similar circumstances. The main elements involved in a professional negligence claim are:
Duty of Care
The professional owes a legal duty to their client to provide services according to an established standard of care. Doctors, lawyers, and accountants all have professional and ethical duties to provide competent services.
Breach of Duty
The professional needs to meet the applicable standard of care. This can involve errors, inadequate skills, or failure to take reasonable precautions. An architect failing to properly inspect a construction site or a lawyer missing a deadline would be examples of breaching their duty.
Causation
The breach of duty by the professional must have caused ascertainable damages, losses, or injuries to the client. For example, an investment advisor providing improper advice leads to financial losses.
Damages
Quantifiable monetary losses suffered by the plaintiff due to the professional’s negligence. This can include loss of income, costs to repair errors, attorney fees, and other related damages.
Examples of Professional Negligence
Some common examples of potential professional negligence claims include:
Medical Malpractice
According to accepted medical practice standards, Doctors and healthcare providers must possess and apply the requisite skill, diligence, and care. Errors in diagnosis, treatment, aftercare, informed consent, and follow-up examinations can constitute medical malpractice if they cause harm to the patient.
Legal Malpractice
Lawyers must competently represent their client’s interests and perform all necessary legal work with reasonable knowledge, skill, and diligence. Missing deadlines, failing to file documents, conflicts of interest, inadequate trial preparation, and erroneous advice can lead to legal malpractice suits.
Accounting Malpractice
Accountants are expected to carry out accounting work accurately and per established standards. Mistakes in tax preparation, financial auditing, financial reporting, or attestation of documents that adversely impact clients can result in negligence claims.
Proving a Professional Negligence Claim
The burden of proof lies with the plaintiff to establish all the key elements of a professional negligence claim. Working with an experienced attorney to gather facts, documentation, and expert testimony and demonstrate the extent of damages caused by the professional’s substandard services is critical to proving liability. Statutes of limitations apply, so prompt action is required.
If proven, the plaintiff can recover total compensatory damages and, in some cases, punitive damages from the negligent professional. Damages awarded aim to place the plaintiff in the position they would have been without the professional’s malpractice. Punitive damages may be levied as punishment and deterrence for grievous acts of negligence.
Conclusion
In sum, professional negligence occurs when a professional fails to meet the accepted standard of care and skill in providing services to a client, resulting in losses or injury. While each case involves unique facts and circumstances, central elements must be evidenced to prove a valid claim of professional negligence:
- The professional had a duty of care to the client to provide services competently and diligently.
- The professional breached this duty through errors, omissions, inadequate skills, or failure to take reasonable precautions.
- A direct causal connection must exist between this breach of duty and the resultant losses or damages suffered by the client.
- The damages must be quantifiable and ascertainable, such as loss of income, costs to mitigate losses, attorney fees, or costs to remedy defects.
Documenting the professional’s substandard services and establishing a timeline of events is critical. Objective expert analysis may be required to demonstrate the professional’s conduct fell short of standards of care in their field. Quick and prompt action is essential, as statutes of limitations apply to these claims. With so much on the line reputationally and financially, retaining an experienced professional negligence attorney is vital for plaintiffs seeking justice compensation and to prevent similar harm to others.
The attorney can navigate the complex legal process to prove all the elements of negligence, quantify damages, negotiate a favourable settlement or pursue litigation. In cases of lawyer professional negligence, punitive damages may also be sought as punishment and deterrence for grievous acts of negligence. In cases against professionals, time is of the essence, evidence is critical, and legal expertise is invaluable to building a solid case and recovering maximum damages.
