When you come across a professional with experience in their respective field, you should expect to feel confident in their expertise. But not all professionals are the same. There are some who do their work with complete dedication and commitment and help you solve your problem, but some may be negligent in their work and take their customers’ well-being for granted. Due to an act of negligence, you may suffer short-term or long-term pain and suffering. This is the basic concept of professional negligence.
What Does Professional Negligence Mean?
Professional negligence occurs when a professional is neglectful in their work and fails to deliver what they have promised. Their quality of service does not meet the desired standard. If the other party to whom they have provided their services faces specific financial or medical injury thanks to the professional’s actions, that person can claim compensation from the professional for their suffering. Claims of professional negligence are typically filed against persons deemed to be experts in their field.
Let us understand professional negligence better with an example. Suppose you visit a chartered accountant who has been working in this field for the past five years and is a well-known CA. You ask him to prepare some financial accounts for your company’s transactions which have to be submitted to the government, and he makes some significant mistakes in them. Because of this, you have to pay fines to the government. In this case, you can make a professional negligence claim to him.
What Are The Prerequisite Conditions for Filing a Professional Negligence Claim?
If you wish to file a professional negligence claim for a loss you have suffered, then the below-mentioned conditions must be met:
- Duty of Care You must have entered into a contract. The contract is not required to be in writing. The contract means that a duty of care binds the professional. This means that due to the nature of their profession, they are responsible for the well-being of others. If there is no duty of care, the injured person cannot claim any compensation from them. For example, whenever you visit a doctor, as a professional they are responsible for your well-being and must provide a level of care to help you deal with the health issue you are facing.
- Breach of Duty Whenever the word ‘professional’ is attached to someone’s name, then they have specific duties and responsibilities to perform on their part. While delivering their services to customers, if that professional does not perform their work up to a desired standard, then the aggrieved party who suffers a loss may be able to claim compensation from that professional. This is the most important condition that needs to be fulfilled to file a claim for professional negligence. You need to prove in court that the services delivered by a professional were not up to the mark.
- Loss Suffered If you want to file a claim for professional negligence against any person, then you must have suffered a loss due to their services. If there is no loss, then you cannot claim compensation. It is not necessary that the loss should be in financial terms only – it can be in physical or emotional terms. All you need to do is quantify it in terms of money and decide the amount of compensation you want to claim from them. Make sure you have valid proof to make the court authorities believe that you have suffered a loss due to the negligence of the professional. Your medical reports, hospital bills, other receipts, and other valid proof of expenses are required.
The above conditions must be fulfilled if you want to file a professional negligence claim against an expert for not providing the right services. Make sure you have valid proof with you regarding the services they have delivered, and regarding the loss you have suffered. Winning a claim is not easy. You need to seek the help of a professional solicitor with solid legal knowledge and experience in handling medical negligence claim-related cases.
How We Can Help
We are a professional legal advice services provider. We can provide the most experienced medical negligence solicitor Long ford has, and we have expert personal injury solicitors. We will help you in filing your medical negligence claim and help you solve the technical and legal issues arising during the claim process. Our experts have years of experience and knowledge of professional negligence claims. No matter how complicated your case is, we are ready to face every challenge and help you win. We will provide you with clear and concise advice at every step.