The Grounds For A Professional Negligence Claim

Professional negligence is not always black and white. It is not always the case that there is an automatic case for professional negligence where someone has made a mistake.

Professionals are basically human, just like everyone else, so they can in fact make mistakes. Some of these mistakes may be perfectly justifiable, in the sense that we all make mistakes and it could be seen as human error not negligence. But sometimes their mistakes can cause substantial losses or damage to a client or a client's business. So that begs the question: when is it a case for a professional negligence claim and when is it simply human error?

Well the first standard test in any professional negligence claim is whether there was 'reasonable' skill and care exercised by the professional. If they took all reasonable steps and exercised reasonable care as well as utilising their skills then it is probable that there is no case for a compensation claim.

Given that the UK is now perceived to be a country where litigation has reached epic proportions, it can sometimes come as a shock to people that they may have been let down by a professional, but there is no case for a professional negligence claim. In this way a professional is able to be incorrect, but it is unlikely they will be negligent.

As always within the law, these cases are never as straightforward as they often appear. Within professions there are specialists. For example; if you needed weightloss surgery, it would be a bariatric specialist that you dealt with. Bariatric in particular is a specialist field which deals with obesity, therefore those patients whom are severly overweight will normally see a specialist in this area. When it comes to a case for a professional negligence claim against the bariatric surgeon, his (or her) standard of 'reasonable' care is measured against the standards of care expected from a specialist in bariatrics, as opposed to a specialist in knee surgery. In other words if you set yourself up as an expert in any particular field, then you are measured against the standards of care and skills expected to be described as an expert in that particular field.

If a person wants to make a professional negligence claim relating to losses incurred then the client must prove, beyond reasonable doubt that the professional actually caused the losses through their lack of skill and care! The world of professional negligence claims is therefore a complex one and it is for this reason that clients all require specialist professional negligence lawyers behind them to guide them through the process!


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Bonallack & Bishop are a specialists in providing professional negligence claim advice. If you need advice from professional negligence lawyers contact them today. Senior Partner Tim Bishop is responsible for all major strategic decisions. The firm has grown by 1000% in 13 years and Tim himself as a businessman who owns a law firm.