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What should I do if I suspect professional negligence?

On Behalf of | Jun 23, 2020 | Professional Liability

Professionals are upheld to specific standards in virtually every industry. In particular, service workers in sectors like law, engineering, architecture or accounting must rely on the continued use of intellect, discretion, judgment and training to give them authority in their profession. But what happens when you hire these professionals for their skills only to have them fail to meet your expectations?

Professional negligence is a type of negligence between a hired professional or company and their respective client. When you hire someone, you expect a certain level of professionalism and standards commonly held by those in the same role. If a professional neglects the industry’s rules that a reasonable person in their profession would adhere to, they aren’t meeting their legal duty of care.

What are some examples of professional negligence?

A crucial aspect of a professional service provider’s job is meeting expectations and protecting the client from adverse outcomes as best as possible. But unfortunately, no industry is immune from professional negligence. Claims of professional negligence can range from a service performed carelessly or inadequately to a breach of contract or business agreement. Professional liability claims often stem from:

  • Conflicts of interest: you didn’t receive complete loyalty from a hired professional.
  • Clerical errors: an expert makes an administrative error that negatively affects the outcome of the work.
  • Poor advice: you followed a professional’s advice and suffered financial or legal ramifications.
  • Failure to disclose: a professional neglects to provide adequate information that causes monetary damages.
  • Missed deadlines: a professional fails to provide deliverables in the timeline promised.

Taking action against negligence 

If you suspect the service worker you hired was negligent in handling your business or failed to meet expectations, you may consider pursuing legal action to recover lost expenses. In professional liability lawsuits, you must establish:

  • The professional did meet the minimum standards defined by the industry, a contract or your expectations.
  • You suffered damages as a direct result of this negligence.

Professionals must be held accountable for the standard of work they perform. If you have suffered financial or emotional damages due to professional negligence, filing a professional liability claim can undo the harm of the disservice.