You’d be excused for not knowing exactly what professional negligence entails or why it’s important. This guide will explain it in simple terms, give examples in different contexts, explain the ways it can negatively impact you and what you can do if you think you need to make a claim.



What is Professional Negligence?

Professional negligence is a form of English tort law that refers to instances where a professional fails to perform their services adequately or breaches a reasonably-expected duty of care. The three conditions necessary for a successful professional negligence claim are:

●     That a duty of care was established

●     That the duty of care was breached

●     That the breaching of this duty of care resulted in a loss.

For example, perhaps a doctor missed a diagnosis that they shouldn’t have missed and this resulted in time off work. Maybe a personal trainer failed to ask you about any previous injuries and, as a result, you further injured yourself following their instructions which now requires considerable amounts of money and time off work to recover. Or maybe a consultant advises you poorly or against their codes of practice and this results in significant negative business impacts like a reduced amount of clients or tax complications.

How Can Professional Negligence Impact You?

Because professional negligence is a bit of a catch-all phrase, spanning a lot of areas and instances, impacts can vary. On the one hand, there could be very tangible impacts such as a decreased income or the damage of the claimant’s property or assets. On the other hand, professional negligence may have refused the claimant a particular opportunity or resulted in reduced clients, for example.

Come what may, the accuser must be able to demonstrate that the defendant’s breach of duty resulted in a loss of some sort. Under contract law, the claimant has six years since the breach of a contract to make a claim.

What Can You Do About Professional Negligence?

One thing you can do to limit your risk when it comes to professional negligence is to do your research before you agree to any services. Checking reviews and testimonials is a good place to start, as is ensuring the person or company is covered by the appropriate insurance and that they have adequate qualifications and certification.

If the negligence has already taken place then you should seek professional legal assistance. Whilst you could try to sort the issue outside of the law, this could have long-term consequences and it would be more difficult in terms of future insurance claims, for example. Going to a reputable solicitors practice like North Ford Solicitors is your best bet.

Here at North Ford Solicitors, we don’t just deal with professional negligence. Our services range from family and employment law to civil litigation issues including landlord disputes, debt recovery, police complaints, and defamation. If you have any further questions about professional negligence, or if you’d like to discuss how else we can assist you, then don’t hesitate to get in touch with us today by calling 01708 745 609!