Professionals are not infallible and for a variety of reasons, occasionally fail to meet their obligations to their clients. If this happens, it may give rise to a claim in professional negligence and/or possibly other claims including for breach of contract.
What is the difference between negligence and professional negligence?
As the name suggests, a claim for professional negligence is just a specific type of negligence claim. Negligence claims arise when one party owes another a duty of care, fails to fulfil that duty of care and the other party suffers damage or loss as a result.
Professionals who hold themselves out as having particular skills or knowledge have a duty to their clients to perform their duties to the standard expected of a professional in their field. Professional negligence claims include claims for clinical negligence, in which the test is a little different.
We have the specialist knowledge, expertise and experience in conducting complex litigation on behalf of professional clients facing claims and individuals seeking redress.
The types of professionals we have successfully conducted litigation for and against include:
- Doctors and nurses;
- Other medical professionals;
- Insurance brokers;
- Financial advisors;
- Pensions schemes trustees;
- Solicitors and barristers.
Why choose SAS Daniels?
We are experts in the fields in which we practise.
We will discuss and agree an appropriate strategy in respect of your action or potential action from the outset.
We will also provide you with clear advice and guidance regarding the likely costs and litigation funding options available to you, including fixed fees for agreed pieces of work.
Examples of our recent work:
- Defence of a claim for misrepresentation arising from a share purchase agreement on behalf of the executors of an estate;
- Litigating of a complex claim for professional negligence against a client’s former solicitors arising out of their conduct of a probate action;
- Resolution of a professional negligence claim relating to an incident over 15 years prior, involving two other firms of solicitors, a barrister and the Court of Appeal;
- Successful defence of a class action litigation against a firm of financial advisors accused of failing to manage their client’s financial portfolio;
- Claims on behalf of individuals and business against surveyors for carrying out negligent property valuations and surveys.
How are damages calculated in a professional negligence claim?
Damages in negligence/tort should put the wronged party back into the position s/he was in before the wrong occurred. This is often impossible, unless the only losses are financial, so the courts will award monetary compensation to redress the loss or damage suffered.
In the event of a parallel contractual relationship, the aim of an award for damages is to put the wronged party into the position they would have been if the contract was performed properly. As above, financial compensation will often be the result. This means that the innocent party can seek to recover profits that s/he reasonably expected to receive had the contract been performed correctly.
How much will it cost?
In order to provide you with clear advice as to the likely costs and funding options available to you, we would have to take some initial details concerning the nature of your claim.
We provide our clients with pricing options so that you can choose which option is most suited to you.
How long will it take to proceed?
It may sound like a typical lawyer’s answer, but this will depend on your individual case. Usually, cases range from a few months to two years. The more complex the matter, or the further apart the parties are, the longer it will often take to settle or conclude.
For more information and advice on professional negligence, please speak to a member of our team today.