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Professional negligence occurs when someone acting in their professional capacity fails to meet the standard of care which is reasonably expected from them in their industry – this could include professionals such as doctors, teachers or surveyors.

There is an expectation that the professional must be reasonably competent in their field. Should there be an argument that the professional has not demonstrated a reasonable level of competency, the time limitation to bring a professional negligence claim to court is six years.

What is the legal test for professional negligence?

To establish a claim for professional negligence a claimant must prove:

  • That the professional owed a duty of care which might have arisen because of contract exists between the two parties
  • That this duty of care was breached by the actions of the professional – such as through poor advice
  • That the breach caused the claimant a loss – such as financial loss
  • That any loss incurred was a direct result of the professional’s breach

What can someone do if they believe they have suffered professional negligence?

Gather any evidence

Crucially, a claimant must gather relevant documentation related to the matter and have evidence of the negligence suffered.

Types of Evidence in Professional Negligence Claims

When pursuing a claim for professional negligence, gathering and presenting relevant evidence is essential to support the case. Various forms of documentation can help demonstrate the existence of a duty of care, its breach, and any resulting loss.

  • Contracts

    These establish the professional relationship and outline the expectations and obligations between the claimant and the professional.

  • Invoices

    Financial records such as invoices can show the services provided and payments made, supporting the existence of a contractual arrangement.

  • Text Messages

    Written communications like text messages may contain details of advice given, instructions provided, or admissions relevant to the claim.

  • Photographs

    Visual evidence, such as pictures, can help illustrate the extent or nature of the alleged negligence.

Seek expert advice

It is important the claimant seek expert legal advice on the matter to ensure they are aware on where they legally stand on their claim – this should ideally be assessed by a specialist solicitor to ensure there is a reasonable prospect of success of their claim.

In addition to consulting legal professionals, a claimant may benefit from seeking advice from another professional within the same industry. By discussing the matter with an industry peer, the claimant can gain insight into what is considered a reasonable standard of care and competence in the relevant field. This external perspective can help clarify whether the actions or omissions in question fall below the expected standards for professionals in that industry and may further support the claimant’s case for professional negligence.



Consider a complaint to regulating bodies and Alternative Dispute Resolution (ADR)

If the third party is affiliated with a regulating body, the claimant may check the registration status and submit a formal complaint to that organisation. The regulating body may be able to investigate the issue and offer a resolution, potentially addressing the claimant’s concerns without escalating to legal proceedings.

In addition, the claimant has the option to approach an ombudsman responsible for investigating professional negligence claims. The ombudsman follows a dedicated process to assess the dispute and seek a solution outside of the court system, providing an alternative route for resolving such matters.

It is also advantageous for the claimant to participate in mediation as part of Alternative Dispute Resolution (ADR). Mediation allows both parties to engage in constructive dialogue and explore the possibility of settling the dispute without resorting to court action. This approach can be particularly beneficial, as court proceedings tend to be lengthy and costly, whereas ADR methods offer a more efficient and less expensive means of resolving professional negligence disputes.



Holding professionals accountable

To conclude, professional negligence is about protecting clients from harm which is caused by inadequate or careless professional work and ensuring that the professional remains accountable when they have failed to act within the reasonable standard of their profession.

We can provide you with advice if you believe you have suffered negligence by a professional so please get in touch with our Legal Advice Line team on 0117 934 2111.

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Disclaimer - all this information was correct at the time of publishing