Professional negligence claims occur when a professional fails to carry out their responsibilities with the required level of expertise and care. Professional negligence claims may be brought in contract, tort, breaches of fiduciary or statutory duty.
The purpose of an award of compensation (typically in the form of damages) for professional negligence is not to reprimand the negligent professional, but rather to compensate the injured party, who is typically the client.
A sum of money that places the injured or wronged party in the same position they would have been in if they had not suffered the wrong for which they are now receiving compensation or reparation. In this article, Remedies For Professional Negligence, we consider the process and mechanism involved.
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What is professional negligence?
In general, professional negligence occurs when a professional fails to fulfil his or her duties to the required standard. A claim may be founded on any of the following:
- Breach of an express or implied contractual term
- Breach of the duty of care owed in negligence, a tort
- Breach of fiduciary duty
- Breach of a legal obligation
Depending on the circumstances, these claims may be initiated by the professional’s client, but third parties may also be able to sue the professional.
Professional negligence is a component of negligence under English tort law. This is a common law legal system, which is a branch of the law that imposes civil liability for obligation breaches.
Professional negligence occurs when someone causes loss to another person as a direct result of their own neglect or recklessness, or when a substandard service results in loss or damage.
How can I prove a professional negligence compensation claim?
If a duty of care and skill was owed, your case must establish that an error was made that no reasonable member of the profession would have made under the same circumstances.
To support your claim, you will need to provide evidence from a specialist in the field in which the professional failed you. This expert testimony is typically a report compiled by another professional, and it seeks to emphasise the correct advice and/or conduct that should have been followed. The expert’s testimony will also attempt to clarify what, in the expert’s opinion, a reasonable professional would have done in the same circumstances.
The measure of skill and care in a contractual claim differs slightly from that of a tort claim, in that the case seeks to establish what would be considered reasonable skill and care. In contrast, the standard for a tort claim is an objective test that determines what a reasonable man would expect.
Negligence vs professional negligence – what’s the difference?
Theoretically, anyone who disregards the repercussions of their actions can be negligent. However, when a professional is negligent, they fail to exercise a reasonable level of care or skill.
Employers anticipate a higher standard of care from professionals due to their specialised skills and knowledge. Failure to meet reasonable standards may comprise a breach of the duty of care owed to the client by the professional.
Various factors will determine whether a claim meets the requirements for professional negligence. The claimant must first demonstrate that the professional owed them a duty of care. After establishing that a duty of care exists, the claimant must demonstrate that the professional breached this duty through their actions or inactions. Additionally, the claimant must demonstrate that they suffered damage or loss as a result of (“causation”) the breach and that they would not have suffered the same had the breach not occurred.
What sort of losses can be recovered?
Losses must be a direct result of the professional’s negligence (i.e., they would not have occurred in the absence of negligence) and be reasonably foreseeable. The claimant is responsible for demonstrating, through the presentation of evidence, that the professional’s negligence has resulted in actual damages. The court will not consider hypothetical claims of loss that may have occurred regardless.
Is there a deadline for filing a claim?
Yes. As with all claims of professional negligence, you have six years from the date of the negligence to file a lawsuit. If you discover the negligence later, you have three years from the date you discovered it (or until the end of the six-year period, whichever is later) to file a claim. There is a “long stop” limit of 15 years from the date of the negligence, barring certain unusual circumstances.
How we can help
We have a proven track record of dealing with professional negligence. We will guide you through the process and ensure all checks are carried out swiftly and efficiently. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to contact our Commercial Litigation solicitors
It is important for you to be well informed about the issues and obstacles you are facing. Expert legal support is crucial in terms of reducing risk, saving you money and ensuring you achieve a positive outcome.
To speak to our Commercial Litigation solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online enquiry form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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