When we turn to professionals for advice or services, we expect them to know what they’re doing. After all, they are called “professionals” for a reason. But sometimes, these experts fail to do their job properly for many reasons; it could be a lack of knowledge or negligence. Whatever the case, it could cause you serious damage – not only financially but physically, too.
This is where professional negligence comes in.
Professional negligence occurs when a qualified expert fails to meet the standard of care in their industry, and you suffer financial loss, injury or other damage as a result. It can happen in any field, but is most common in law, medicine, finance and construction.
If you think you’ve been a victim of any such situation, a professional negligence lawyer can help you understand your options. In this article, we’ll break down what constitutes professional negligence, how to make a claim and how a lawyer can guide you through the process.
What Qualifies as Professional Negligence?
Not every mistake made by a professional qualifies as negligence. To claim professional negligence, three key elements usually need to be proven:
- Duty of Care – The professional owed a duty of care to the client.
- Breach of Duty – They failed to meet the standard expected of them.
- Loss or Damage – The breach directly caused financial loss, harm, or other measurable damage.
For example, if a doctor misdiagnosed a patient due to negligence, leading to worsened health, this could be a valid professional negligence claim.
Where Does Professional Negligence Happen?
Professional negligence can occur in any industry. Here are some examples:
- Medical Negligence – If you’ve been harmed by a misdiagnosis, surgical error or incorrect prescription from a healthcare provider, you may have a claim.
- Legal Negligence – If your solicitor misses a deadline, gives you bad advice or doesn’t follow court procedures, you may suffer financial or legal consequences.
- Financial Advisor Negligence – If your financial advisor misrepresents risks or doesn’t act in your best interest and you lose money, they could be negligent.
- Engineering and Construction Negligence – Faulty designs or structural miscalculations from engineers and architects can cause property damage or safety hazards.
- Accountancy Negligence – Mistakes by accountants, such as incorrect tax filings, miscalculations or failure to identify financial risks, can lead to professional negligence claims.
Can I Make a Professional Negligence Claim?
You can make a professional negligence claim, but you must show clear evidence that the professional’s failure caused your loss.
This often involves expert opinions where a qualified expert in the same field can help determine if the professional’s conduct was below industry standards. The process also includes contracts or agreements outlining the professional’s duties, which can be useful in proving their obligations.
Then comes correspondence and records, including emails or reports, that show if the professional provided incorrect or misleading information. Finally, you will need proof of loss, which could be financial statements, medical records or other documents proving actual damages are essential in a claim.
What Can I Claim?
Compensation for professional negligence can cover a range of damages, including:
- Financial Losses – Lost investments, unexpected legal fees or tax penalties.
- Medical Costs – Additional medical expenses due to negligence.
- Property Damage – Repairs or rebuilding costs in construction cases.
How Do I Start a Professional Negligence Claim?
If you think you’ve been a victim of professional negligence, consider the following steps:
Step 1: Start by gathering evidence. This will include all relevant documents, emails and records related to your case.
Step 2: Then, consult a lawyer experienced in professional negligence claims to get an expert’s opinion on your case.
Step 3: Your lawyer’s best bet should be to try to settle the issue through mediation or direct communication. However, if no resolution is reached, you may need to take legal action to recover your losses.
Get the Right Help from a Professional Negligence Lawyer
When a professional’s mistake costs you money, damages your health or turns your life upside down, you shouldn’t have to deal with it alone. Whether it’s a medical error, bad financial advice or a legal blunder, professionals have a duty of care to get it right. If they don’t, you have a right to be compensated.
If you think you’ve been affected by professional negligence, get to know your rights and act fast. Don’t wait—call Wyatts’ professional negligence lawyers today on 1800 773 880!
