In England and Wales, we rely on experts from a variety of fields to deliver skilled services, from doctors and solicitors to architects, and accountants. We rely on their abilities and knowledge. However, when experts fall short of their expected standards, the repercussions can be severe. This is where professional negligence comes into play.

Professional negligence arises when a professional's actions fall short of the standard of care expected of a competent professional in the same area, inflicting injury or loss to their client. It is more than just a mistake; it is a clear failure to deliver the degree of expertise and care that a reasonably competent professional would have under similar circumstances. The Bolam test provides a foundation for understanding the standard of care. The question is whether the professional acted in accordance with a practice accepted as proper by a responsible body of professionals in the same sector.

To successfully pursue a claim for professional negligence in the UK, you must typically establish the following on the balance of probabilities:

Duty of Care: A professional-client relationship must exist, establishing a legal duty of care. This means the professional had a responsibility to act with reasonable skill and care towards you.

Breach of Duty: The professional's conduct fell below the accepted standard of care for their profession. Expert evidence is often crucial in establishing this breach, comparing the professional's actions to what a reasonably competent peer would have done.

Causation: This is a key factor since your injury or loss must be the direct result of the professional's breach of duty. The "but for" test is frequently applied, which asks "but for" the professional's negligence, would the claimant have experienced the loss?

Damages: You must have suffered actual, quantifiable harm or loss due to the negligence. This can include financial losses, physical injury, emotional distress (in some cases), damage to reputation, or other demonstrable harm.

Professional negligence can take several forms, depending on the profession.  Some common examples in the UK include:

Solicitors: Missed deadlines for filing court documents, providing inaccurate legal advice, failing to thoroughly investigate a case.

Accountants: Errors in financial statements, negligent tax advice, failure to identify financial irregularities.

Architects: Design flaws leading to structural defects, inadequate supervision of construction work.

Surveyors: Inaccurate property valuations, failure to identify significant defects in a property.

Financial Advisors: Providing unsuitable investment advice, mismanaging client funds.

The consequences of professional negligence can be devastating for both individuals and businesses. They may experience financial hardship, physical injury and damage to their reputation.  For professionals, a successful negligence claim can lead to reputational damage, financial losses and even disciplinary action from their professional body, potentially leading to suspension or dismissal.

If you believe you have been the victim of professional negligence, it is vital to seek legal advice from a solicitor specialising in professional negligence as soon as possible. At RDP Law, we have a team of experienced solicitors specialising in professional negligence claims across various sectors. We understand the complexities of legislation in this area and are dedicated to helping our clients obtain the compensation they deserve.  We offer a confidential and compassionate service and we will work tirelessly to protect your interests. Contact our Dispute Resolution team on 01633 41500 or info@rdplaw.co.uk