What is Professional Negligence?
Legally, professional individuals have a ‘duty of care’ towards their patients or clients. This means that they must do their utmost to protect others and provide a high standard of services, making sure that nobody is dissatisfied or put at risk of any damage or loss (time/money).
The professional negligence definition proclaims that a professional who has breached this ‘duty of care’ agreement, by mistreating others in any way, providing poor advice or not complying with the current laws in place to protect others, has performed professional negligence towards the person(s) they are under obligation to protect.
To further explain and answer the question ‘what is professional negligence?,’ a ‘professional’ is defined as a person who has specific competency and expertise in a field, such as doctors, pharmacists, dentists and solicitors/barristers. The quality of services they provide you should be maintained at a high, qualified and experienced level.
A situation of professional negligence could be, for example, receiving poor medical advice which later caused you to suffer losses.
In terms of legal professional negligence, it could happen that a solicitor/barrister working on your behalf provides a poor standard of legal advice (otherwise known as ‘failed litigation’) or missed the time limit of a personal injury case; the opposite of what you would expect from a qualified and experienced lawful expert.
The list could go on and all cases are different, so if you think you have suffered from professional negligence and your situation is similar to or unlike the examples mentioned above, get in touch with us today to receive advice on your case.
To expand on the professional negligence definition, if you have been the victim of professional negligence in any way, such as being dissatisfied with their service or not receiving the outcome you had been advised you would achieve, then you are legally entitled to put a claim forward. If you have sufficient evidence to prove that you suffered from a professional, then you could be able to receive compensation. The amount of this differs from case to case, depending on the severity of the situation and losses sustained.
The claimant (individual who suffered professional negligence) could potentially make a claim against the defendant (individual accused of being liable for the situation) if they had a strong case to make.
It is important to be mindful of the fact that just because the services you received from the professional were poor, this doesn’t mean that you are automatically going to receive compensation. You should always be aware that a claim may not be able to be submitted immediately; there is a certain procedure called Professional Negligence Pre-Action Protocol to follow.
The Professional Negligence Limitation Period for most cases is normally 6 years in which you have to make your claim for professional negligence. Having said this, everyone’s case is different, so it is worth reading more detail on this and getting in touch as soon as possible.
Funding your case can be difficult, but if your claim has been deemed strong, with close to 100% chance of success and being won, and you choose to take on a professional negligence solicitor who works on a No Win No Fee basis, this could benefit you greatly.
This means that if they win the case for you, you will pay a ‘success fee’ (currently capped at 25% of the total compensation amount). This charge is for their hard work and the risk they have taken on you. If your solicitor didn’t win your case for you, then you wouldn’t have to pay any charges. Having said this, you should always be sure to double check this with your solicitor before signing any contracts.
The professional negligence definition can be relatively straightforward to understand - receiving poor quality services from professionals, which have lead you to suffer serious problems or losses.
Despite this, at Accident Line Direct we appreciate that the process of making a claim can be complex and there are many things to take into consideration, which can be confusing.
Speak to one of our advisors today to get help and advice, be it on making a claim against a professional who was negligent to you, or simply to get more information.
Posted in: Professional Negligence on Tuesday 20 February 2018
by Grace Hickman