Professional Negligence

Professional negligence refers to a situation where a professional individual has represented themselves as being more competent than they actually are. In such an incidence, a claimant may bring about a case against a party, where they have suffered as a result of the professional negligence of the defendant in carrying out their duty.

Duty of care

Professional negligence cases rely on establishing that a duty of care is owed by the defendant to the claimant. A successful professional negligence case will establish that the defendant is in breach of that duty.

A test of breach is whether the defendant has matched up to a list of abilities and duties which could be reasonably expected of an individual in their position. This universal set of rules determines the standards against which professionals should be judged. If a professional does not meet up to these requirements, then they could be deemed to be guilty of professional negligence.

What constitutes professional negligence?

Defining what exactly does and does not constitute professional negligence is far from a clear-cut process and is an issue which is open to constant debate. In most professional negligence cases, the main issue surrounds whether or not the defendant has 'expressly' or 'impliedly' represented skills beyond their capability. It is worth bearing in mind that even the most competent and experienced professionals can make a mistake, so it is not only those who lack ability who can be found guilty of professional negligence.

The consequences of professional negligence

The consequences of professional negligence can be disastrous and far-reaching. Particularly in cases of medical negligence, the most extreme cases can involve individuals being left permanently disabled. Less severe, but nonetheless serious implications can leave those affected financially out of pocket, or emotionally distressed.
Who can professional negligence cases be brought against?

Professional negligence cases can be brought against any professionals, such as those within the legal, financial and medical professions.

How can EAD help?

At EAD we have helped hundreds of clients in successful professional negligence cases. If you believe that you have been the victim of professional negligence, the professional negligence solicitors at EAD are here to help you to get the compensation you deserve.