How bad must the advice or service be for it to count as professional negligence?
The test for whether or not you’re likely to receive professional negligence compensation or not is whether the mistake or error counts as negligence.
However, the law recognises that good, hard working and dedicated professionals (such as accountants, financial advisors, surveyors and solicitors), can make errors of judgement. In those circumstances the court is reluctant to consider their actions to be negligent.
Similarly, a poor quality service causing you inconvenience is not enough. This alone is not professional negligence.
If the advice or service was so bad that no reasonable professional (with the same qualifications and working in the same profession) would have made the mistake then that is likely to be professional negligence.
If the professional who advised you or provided a service failed to follow the common standards expected (of their field of expertise) then that is also likely to be professional negligence
Where it seems likely you have suffered as a result of professional negligence, we’ll gather evidence from an expert (usually from someone who is respected in the same field of expertise) to confirm whether he or she considers the service you received passes this negligence test.
Here are some examples of situations where our lawyers have been able to assist clients make successful professional negligence claims:
- Accountants – wrong tax advice or missed fraud.
- Architects – design errors and extra building costs.
- Barristers – a key witness not being asked questions.
- Dentists – failure to look after your teeth.
- Doctors and other medical practitioners – mistakes in your treatment.
- Engineers – design faults.
- Estate agents – not getting the right price for your property.
- Financial advisors, banks and insurance brokers – wrong financial advice.
- Insurance brokers – leaving you unprotected.
- Property letting agents – losses due to not checking references.
- Solicitors and other lawyers – missed deadlines or not getting you the right compensation.
- Surveyors – missed property defects.
- Vets (veterinary surgeons) – mistakes in your pet’s treatment.
- Will writers – mistakes so the will is not valid or unintentionally leaves someone out.