How do you know when professional negligence has occurred?

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Professional negligence is when a professional does not fulfil their responsibilities to a good standard. A professional is expected to offer a reasonable level of service – but unfortunately, this isn’t always the case. You can only file a negligence case against someone who is supposed to be an expert in their field.

Professional negligence

Negligence can occur in a wide range of professions – from accountants to surgeons. You need to watch out for professional negligence and file a claim when necessary.

Here are the signs of professional negligence.

Conflicting advice.

The professional may constantly change their advice and diagnosis. This is often a clear indicator that the professional is inexperienced and does not know what they are doing. If they change their advice based on new evidence or research, that isn’t necessarily professional negligence.

Your condition worsens.

Your condition or situation should not worsen after following professional advice. Medical negligence can cause your condition to worsen or an entirely new injury to occur. You should consult another healthcare professional to treat your condition, and make sure you get the best standard of care.

Slow communication.

Slow communication can be equally damaging to your situation. The problem may worsen because you are waiting for professional advice. A professional should try to get back to you as soon as possible, especially if the situation is urgent. You should chase up a response and watch out for a professional who makes excuses.

Is the claim tort or contractual?

If you have experienced professional negligence, you should consult a solicitor to file a claim. A claim can be filed against a professional who has not provided the proper standard of care.

You might not have a contract with the professional. Standard duty of care should be provided, with or without a formal contract between client and advisor. However, most claims are filed on the basis that there was a contract in place.

If there are problems with the limitation period, an action can occur in tort. Actions can occur in tort when the defendant’s negligence has caused loss to the client’s property or finances and happened under contract.

Your solicitor will handle the legal side of a claim and make sure you form a strong argument.

How long does a claim take?

You can file a negligence claim within six years. You may be able to get to court after six years if the negligence is recognised later on.

Professional negligence can happen to anyone, so make sure you watch out for the signs.

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