Professional Negligence | Damages for Breach of Duty
When instructing a professional to carry out a particular specialised service, it is to be expected that such service will be conducted with a reasonable degree of care or skill.
Professional negligence arises when a professional advisor, such as a doctor, dentist, lawyer, accountant or architect fails to perform the responsibility entrusted upon them to the required professional standard and which results in financial loss, physical damage or injury.
It is this focus on a professional’s duty when carrying out their work which differentiates professional negligence from other aspects of negligence. When a professional is hired, a higher duty of care is expected because of the specialised skills and knowledge of that person.
For negligence to be proven, there must exist a breach of duty beyond that typically associated with poor service and four key elements must be present.
Stuart Southall of KANGS outlines aspects attaching to a claim for damages arising from professional negligence.
Professional Negligence Claims
A claim may be based on one or more of breaches of a:
- contractual term, whether express or implied,
- statutory duty,
- duty of care owed to you in the tort of negligence or
- fiduciary duty.
In order to establish professional negligence, the following elements must be proven:
- Duty of Care: the professional must be proven to owe a duty of care to the claimant.
- Breach of Duty: The claimant must prove that the professional failed to meet the standard of care required.
- Causation and loss: It must be shown that the breach of duty directly led to the damage or loss suffered.
Time Limit for Commencing Proceedings
The Limitation Act 1980 provides, subject to some exceptions, the following time limits during which a claim should be commenced:
- for those based on breach of the contract - six years,
- six years from when damage is suffered which arises from the professional negligence,
- in a claim based on tort, a claim may be brought within three years from when knowledge of the negligence causing damage became apparent.
How Can We Help?
Our professional negligence lawyers provide a great depth of experience gained from advising and supporting clients seeking damages arising from the negligence of professionals engaged in a range of occupations.
Claims based on professional negligence are required by the Civil Procedure Rules to adhere to a Professional Negligence Pre-Action Protocol which:
- encourages an early exchange of information between the parties,
- seeks settlement without Court involvement,
- provides timelines for communication and resolution discussions,
- advises of adverse cost consequences for non-compliance with the protocol, even for successful parties.
If a settlement cannot be achieved, court proceedings can then be issued. The team at KANGS is regularly engaged in varying form of dispute resolution and we understand the complexities and challenges that come with professional negligence claims.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
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