What Type of Negligence is Committed by a Professional Person?
When a professional fails to perform their duties to the expected standard, it may result in harm or loss to their client. This is known as professional negligence, a legal concept that holds professionals accountable for their actions. Below, we explore the key aspects of a professional negligence claim, the legal framework, and how to pursue such claims.
Understanding Professional Negligence
Professional negligence occurs when a professional’s duty of care is breached, resulting in financial loss, physical harm, or reputational damage. This breach typically involves the failure to provide a professional service with the reasonable care and skill expected from a competent professional in the same circumstances.
Key elements required to prove professional negligence:
Duty of Care: The professional owed a duty of care to their client.
Breach of Duty: The professional breached their duty by failing to meet the standards of a reasonable member of their profession.
Causation: The breach caused harm, such as financial loss, property damage, or personal injury.
Examples of Professional Negligence
Such claims can arise in many fields where professionals are instructed to provide expert advice or services:
Legal Negligence: Incorrect advice on contracts or missing critical deadlines in court proceedings.
Medical Negligence: Misdiagnoses, surgical errors, or failing to meet professional codes of conduct.
Financial Advisors: Poor financial advice or failure to disclose risks, leading to significant losses.
Accountants: Errors in tax relief claims or incorrect advice on financial matters.
Insurance Brokers: Negligent acts that result in a client being underinsured.
Establishing Professional Negligence
Establishing professional negligence requires meeting the legal test, which compares the professional’s actions to those of a reasonably competent professional under similar circumstances. Courts rely on expert evidence to assess whether the professional fell below this standard.
Ordinary Skill: Most professionals are judged by the ordinary skill expected in their profession.
Reasonable Member Test: Did the professional act as a reasonable member of their field would?
Cases like Grant Thornton UK LLP v Manchester Building Society illustrate the importance of proving causation and demonstrating the financial impact of negligent advice.
Legal Framework for Professional Negligence
Professional negligence law provides remedies for those harmed by negligent acts or advice. Claims must typically be brought within the limitation period, which is six years from the date of negligence or three years from when the harm was discovered.
Professionals often carry professional liability insurance to cover such claims. This insurance, underwritten by professional indemnity insurers, protects against professional liability by covering damages and legal fees, which can be significant in these cases.
Steps to Pursue a Professional Negligence Claim
If you believe you’ve been harmed by a professional, follow these steps:
Obtain Expert Advice: Consult a law firm experienced in negligence claims.
Pre-Action Protocol: Send a formal Letter of Claim outlining the breach and harm caused.
Alternative Dispute Resolution: Attempt mediation before proceeding to court.
Court Proceedings: If unresolved, file a claim and provide expert evidence to support your case.
Recover Damages: Compensation may include financial loss, property damage, or legal fees.
FAQs About Professional Negligence
What is the difference between ordinary negligence and professional negligence?
Ordinary negligence involves a failure of a reasonable person, while professional negligence relates to a professional failing to meet the standards expected in their field.
Can I claim for poor service?
Poor service is not always negligence. To claim, you must show that the professional breached their duty of care and caused measurable harm.
How long do I have to file a claim?
The limitation period is six years from the date of negligence or three years from when the harm was discovered.
What compensation can I recover?
You can recover damages for financial losses, property damage, and legal fees.
Preventing Professional Negligence
Professionals can minimise negligence risks by:
- Adhering to professional codes and regulations.
- Maintaining professional indemnity insurance to cover potential claims.
- Providing clear, well-documented advice to clients.
- Seeking expert legal advice when unsure of compliance obligations.
Professionals should ensure they are adequately insured to pay legal fees and compensate clients if found liable for negligence.
Conclusion
Professional negligence claims hold professionals accountable for failing to meet the standards expected in their field. Whether you’ve suffered from negligent advice, financial loss, or property damage, it’s crucial to act promptly and seek expert legal advice.
A well-prepared claim, supported by expert evidence, ensures you have the best chance of recovering damages. If you’re unsure of your next steps, consult a solicitor experienced in professional negligence cases to protect your rights and secure the compensation you deserve.
