Professional negligence is when a professional doesn’t provide services with care and expertise, which can cause damage to the client, such as in the form of financial losses or injury.
Although it’s stressful to deal with professional negligence, you can find a way to remedy the situation and recover your losses.
Read the rest of this article to learn about different types of professional negligence, what to do if you’re the victim of it, and when you should contact a lawyer for guidance. You don’t have to go through this stressful situation alone or feel unprepared.
Who Commits Professional Negligence?
Professionals working in different industries can commit negligence, such as lawyers, doctors, accountants, and architects. Some examples of professional negligence include:
- A surveyor not recording property defects correctly.
- A solicitor missing a client’s court deadline.
- A surgeon performing the wrong procedure.
- An accountant filing a client’s taxes incorrectly.
How Do Clients Prove Professional Negligence?
There are three important things that need to be proved if a client suspects professional negligence.
- Duty of care: The service provider had a professional duty to fulfill, but they didn’t do this to the best of their abilities.
- Breach: The professional didn’t fulfill a service that meets the standard of care. For example, a reasonable person wouldn’t have committed the same act.
- Causation: Proof that the professional’s breach led to the client’s loss. There must be a clear link between what the professional did and the harm suffered by the client.
What are Red Flags of Professional Negligence?
You can sometimes prevent professional negligence by noticing red flags. These include the following:
- Vague or confusing advice. A professional should provide you with clarity. If they seem uncertain or they contradict themselves, this indicates that they don’t really know what they’re doing. An example is a doctor who backtracks on medical advice.
- Delayed communication. Slow responses show that the professional isn’t reliable. They might be trying to avoid your queries or concerns, such as in the case of a contractor who ignores your query about their materials.
- Errors. If the professional is making mistakes in their professional work, it’s a sign that they might be negligent.
- Dishonesty. The professional might be lying to you, omitting important information, or acting fraudulently.
What Should You Do if You’ve Experienced Professional Negligence?
While it can feel overwhelming to have to deal with professional negligence, there are important steps to take promptly so you can try to resolve the issue and recover your losses.
Collect Important Documents
You should gather all written emails, reports, agreements, invoices, insurance authorizations, communication with the professional, and other documents so that you can build a case.
These will help you to identify when and how the professional negligence occurred, and will come in handy should you contact a lawyer.
Be Wary of Limitation Periods
Professional negligence claims expire after six years, starting from the date of the negligence or when you discovered it. Make sure that you’re within that timeframe.
Distinguish Between Tort or Contract Claims
A tort (or tortious) is a claim that can occur whether or not there is a contractual relationship between parties, whereas a contract claim is when both parties signed a contract.
Draft Clear Contracts
If your working relationship is governed by a contract, make sure that the document is clear, fair, and easy to understand. It should outline important aspects, such as how disputes should be resolved and what constitutes a breach, as this will protect your rights.
You can post a request on ContractsCounsel, an online legal network, to hire a lawyer to draft a clear, specific, and legal contract. Lawyers will bid on your project and you can choose a lawyer based on their years of experience, fields of interest, and other factors.
Consider a Second Opinion
It can be helpful to get a second opinion on the work the professional was supposed to do. This could involve getting advice from a different real estate agent or a second opinion from another medical professional.
This will help you gain insight into the professional’s actions by comparing them with what other professionals would advise you about or do in the same situation.
Contact a Lawyer
You don’t need to navigate a case of professional negligence on your own. Hiring a lawyer can help you in various ways throughout the process. They’ll:
- Help you figure out if you have a valid claim. This will save you time.
- Help you receive compensation as they know how to handle a claim and improve your chances.
- Provide objective advice. By having a neutral, objective perspective, they can guide you on all aspects of the case.
- Draft and review clear and legal contracts that contain clear information about work scope and duties.
- Assist you with communicating with the professional in a legally-compliant and objective way.
What are Legal Resolutions for Professional Negligence Disputes?
Although you might assume that professional negligence claims always go to court, this doesn’t have to be the case. Your lawyer will help you choose the best legal solution, which usually includes the following alternative dispute resolution (ADR) methods.
Mediation
Mediation involves a neutral mediator who helps both parties negotiate and reach a settlement. Although the process is private, it’s informal and allows for flexibility because both parties can work together to find the best solution. Courts usually prefer that parties attempt mediation before seeking other resolution methods.
Arbitration
If mediation isn’t successful, you can hire a neutral arbitrator who will listen to both parties’ cases and evidence, before delivering a legally-binding decision to resolve the issue. It’s common in medical negligence cases, but can be successful for disputes in other industries. Although it’s a bit more formal than mediation, it is faster and less costly than going to court.
Key Takeaways
- Professional negligence is when a professional doesn’t provide high-quality care they were expected to provide.
- Professional negligence can lead to damage such as financial losses, and physical and emotional harm.
- Proving professional negligence involves duty of care, breach, and causation.
- Hiring a lawyer helps you understand your rights, choose the best method for resolving any disputes, and get a favorable outcome.
