What is professional negligence?

21 September 2021
Professional negligence occurs when you hire an individual to carry out a professional service for you, and that person fails to perform their responsibilities to a required standard. Every professional owes a duty of care to their client and is expected to offer their services to a high standard.
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The Supply of Goods Act 1982 states that the professional will perform the service with reasonable care and attention, meaning that there does not have to be a specific clause in the contract stating the level of service expected.

If you have received negligent advice or service from a professional we will act efficiently to settle your claim. Similarly, if a negligence claim has been made against you we offer impartial advice.

We represent and guide both individuals and businesses to ensure the best outcome in any legal case - speak to our team of solicitors today.

Examples of professional negligence 

There are many examples of where you might have a claim against a professional. However, a couple of examples might include: 

A surveyor failing to spot an issue in a property survey, meaning the report is inaccurate.
An accountant or tax advisor who fails to complete tax returns, resulting in penalty fines. 

What do I do if a negligence claim is made against me?

Whether found to be in the wrong or not, after a professional negligence claim is made against you, you or your business could still be liable for legal fees. Having the correct insurance in place can help negate any loss of earning and help to get your business back on its feet after a claim.

How can I get help after professional negligence has affected me?

While compensation may not be able to help repair the damage that is done, it can help towards your recovery from the fallout of the professional negligence that you’ve endured. This is why pursuing a claim can be beneficial for you or your business.

We understand how difficult it can be to have not received the service you expected. If you think you have encountered negligence, we can provide advice if you have been let down by a professional. 

Can I make a professional negligence claim? 

You can make a professional negligence claim provided these three things hold true:

1. Duty of care – You entered into a contract where you were owed a duty of care.

2. Breach of duty – The professional who advised you did not do so to the best of their ability and did not meet the standards that one would expect from a professional in their position.

3. Loss suffered – You have demonstrably suffered loss as a result of their negligence.

It’s worth knowing that a professional who gives advice that later turns out to be wrong is not necessarily being negligent, so long as their advice was based on solid evidence and they took every reasonable precaution.

Have an enquiry? Speak to our expert team of solicitors in Essex today.