What Is Professional Negligence?
For most people, the need to instruct a professional is inevitable. You will, hopefully, conduct sufficient research to find a capable and trustworthy professional to eliminate the risk of professional negligence however this is not fool proof.
These professionals may fall into many sectors such as medical care, legal professionals, tradesmen and more.
Usually, the best way to find reputable professionals/companies is through established trading websites, unions, institutes, and governing bodies. Look out for awards, quality and quantity of reviews, examples of their work and their communication. These are all things which will show knowledge and capability of said professional.
When dealing with other people, there is always the risk of negligence. If your professional does not complete their services to the expected standard then you may be able to claim for professional negligence but what is professional negligence? How much professional negligence compensation can I claim? And what can professional negligence look like?
What is Professional Negligence?
Professional negligence occurs when a professional is negligent in conducting their services or responsibilities to the expected standard.
This standard is the level of service expected from a reasonable professional in that field. In a professional negligence claim, the negligence must result in financial loss, physical damage or an injury with evidence to support this.
If you are looking to claim professional negligence, there are 3 elements that need to be satisfied:
- Duty of care: A duty of care is a moral or legal obligation to ensure the safety and/or well-being of others. To satisfy this, you will need to have entered into a contract (usually evidenced by written communication but may be implied by the parties’ conduct in absence of this) that means you were owed a duty of care by the other party.
- Breach of duty: The breach of duty will be satisfied if the professional did not conduct their service to the best of their ability and to the expected standard of an expert in their field.
- Causation: Causation, also known as the loss, means you must also have suffered a form of loss as a result of the negligent actions of the other party such as a financial loss, an injury or physical damage. The relevant test for this is “but for” the negligence, would the loss still have occurred. The claim will not be successful if the loss still would have occurred “but for” the negligent action.
It should also be noted that alongside a professional negligence claim, there can often be a claim for a breach of contract or fraud depending on the individual situation and you should seek legal advice if you believe this to be the case.
What Professionals Can I Claim Against?
Even though anyone can be accused of being negligent, professional negligence can only be claimed against a person who is considered to be an expert in their field. A claim can be made against any professional (an individual or company) which failed to perform their responsibilities to the required standard.
Some examples of who you can claim against would be:
- Solicitors
- Accountants
- Surveyors
- Builders
- Architects etc.
How Much Can I Claim?
Generally, the principle is to put the claimant back in the position they would have been in if the professional had not been negligent.
Losses claimed must have been directly caused as a result of the negligence and they must have been reasonably foreseen as occurring. Some losses may be obvious whereas others may be more complicated and all losses should be discussed with a professional negligence solicitor.
The losses which you claim for may be reduced if the professional can prove that you have caused or contributed to the losses suffered, or if another party has caused some/all of the losses suffered.
You do have a duty to mitigate your losses through taking reasonable steps. If you fail to do this then you will be unable to claim for any loss that would have been avoided by taking these steps.
Common Examples of Professional Negligence
Professional negligence can occur in many fields and can present itself in different ways, here are a few examples of how professional negligence can occur:
- A licensed medical professional administers the wrong medication to an individual resulting in a medical issue, serious injury or even death.
- An architect creates plans for a residential extension on a property which does not comply with planning permission for the property. This results in the customer having to demolish the extension and have it rebuilt again.
- A personal trainer fails to ask the client about any previous injuries which results in an injury during the session.
Professional negligence can look different in every situation but if you believe you have a claim then you should instruct a professional negligence solicitor near me as soon as possible.
What if a Negligence Claim is Made Against Me?
If a claim of professional negligence is being claimed against you, then you need to act fast to mitigate damage. You should instruct a legal professional as soon as possible and check whether your insurance will be relevant in this situation.
Professional indemnity insurance can help you to cover any costs associated with negligence claims such as compensation and legal fees. Having the right insurance can ensure you negate any losses to your own earnings and get your business back on track after a claim especially if you must close your business during the court proceedings.
Just Ask Harry now for any legal advice which you may need, including if you believe you have a professional negligence claim.