Is There any Difference Between Professional Negligence and Malpractice?

Sponsored by: Tittle & Perlmuter

Certain professions require a high level of trust and responsibility due to the nature of their work. However, these professionals do not always meet the required standards of care and diligence. As a result, this may cause financial loss or other damages to clients they offer their services to. 

“Some clients willing to sue professionals for breach of duty of care often get confused about whether the claim should be for professional negligence or malpractice,” says Allen Tittle. However, professional negligence and malpractice are the same. Thus, when clients sue professionals for breach of duty of care, they sue for professional negligence or malpractice.

Professional Negligence or Malpractice 

Professional negligence or malpractice occurs when professionals breach their duty of care or fail to perform their responsibilities according to the required standards of their profession. As a result, the client that hired the professional to offer the expected standard of service in their field may suffer financial loss or other damages.

The duty of care means the responsibility to act in the same way that an ordinary person would in similar circumstances. For instance, a vehicle driver owes it to other drivers, passengers, and pedestrians not to endanger them while operating the vehicle.

On the other hand, a professional has a duty of care to their clients to act as a skilled person would in similar professional circumstances. The reason is because of the highly specialized education or training the professional has obtained. For instance, a doctor has a duty not to injure the plaintiff under both a regular and a higher duty of care. 

Different Types of Professional Negligence or Malpractice Claims

Most people usually associate malpractice with medical malpractice and the negligence of a medical professional or hospital towards their patients. While medical malpractice constitutes most malpractice cases, professional negligence is not limited to claims like this. Just like medical professionals are expected to adhere to medical standards of care when treating patients, the same applies to other professionals.

The services these professionals with specific expertise offer must also meet expected standards to ensure the clients suffer no harm. Therefore, any professional who provides services and does so inaccurately may be the subject of a professional negligence or malpractice claim. Accountants, architects, and even lawyers fall into this category.

Professional negligence claims can arise from administrative, technical, and legal errors or a deliberate disregard of client interests. All these can result in significant financial losses and personal distress, which is why clients seek compensation. Listed below are the most common types of professional negligence or malpractice claims:

#1. Claims Against Architects and Engineers

Generally, professional negligence claims against architects arise when there is a building design or structure issue. Common failures from these professionals include the provision of incorrect or inappropriate drawings, careless approval of substandard work, and the failure to provide adequate supervision.

Furthermore, the engineering industry has professional bodies that regulate work standards. Claims against engineers can arise from design failures or errors that result in costly amendment works and significant financial losses. 

#2. Claims Against Quantity Surveyors

Quantity surveyors are professionals that can also face professional negligence or malpractice claims. If a surveyor provides a valuation significantly higher than what is considered reasonable, they may have acted negligently.

If a client suffers losses due to a surveyor overvaluing a property, the client may sue for compensation. The client may recover the difference between the correct value of the property and the purchase price.

#3. Claims Against Accountants and Financial Advisers

Claims against accountants usually arise from poor tax advice or accounting errors that result in financial losses for companies or individuals. Cases like these can be complex and will necessitate a report from an expert accountant.

Also, financial advisers, like any other professional, will be subject to practice regulations. Professional negligence claims against financial advisers usually arise from improper investment advice that is high risk and does not consider the best interests of investors.

#4. Claims Against Lawyers and Insurance Brokers

Lawyers are required to adhere to specific ethical and professional standards. Clients can sue for legal malpractice if they do not follow those standards, which can cause financial loss or other damages to clients.

Professional negligence or malpractice claims against insurance companies are also on the rise. These claims usually result from failures to properly advise a client on appropriate coverage. They may also arise from failure to renew or change policies when asked to do so and failure to provide adequate coverage.

The Elements Required to Prove Professional Negligence or Malpractice

Not every unsatisfied customer has a valid professional negligence claim. The plaintiff must prove that professional negligence occurred and that the negligent acts or omissions resulted in damages. The significant problem in any professional liability case is proving that the conduct fell below the generally accepted standards for the profession.

However, in all jurisdictions, for a plaintiff to establish that professional negligence occurred, he must prove specific elements. The elements to prove are as follows:

1. Duty of Care: The professional owed the plaintiff a special duty of care due to their specialized skill as a professional
2. Breach of Duty: The professional failed to carry out their duty of care to the plaintiff
3. Causation: The actual and proximate cause of the injuries, financial loss, or other damages suffered by the client is from the professional
4. Damages: The client must prove that the duty of care breached by the professional caused damages like medical expenses for an injury or the loss of a lawsuit 

The Need For a Lawyer in a Professional Negligence Case

Cases involving professional negligence or malpractice can be complex, time-consuming, and costly. Without the help of a competent lawyer, it can be challenging to obtain the outcome you deserve.

A competent lawyer will handle the legal process, such as filing a negligence lawsuit and representing you at trial. Furthermore, working with an experienced lawyer will increase your chances of obtaining fair compensation.

Bottom Line

Professionals must exercise caution when carrying out their duties. They should always strive to offer reasonable care and services that meet or exceed the accepted standards in their field. Striving to achieve this will help prevent negligence claims; a successful claim can result in substantial damages or loss of professional licenses in some cases.