Everything you need to know about Professional Negligence: Holding Professionals Accountable
- Justeen Dormer
- 3 days ago
- 3 min read
Professional Negligence
When professionals get it wrong, the impact can be more than just inconvenient, it can be costly, stressful, and deeply personal. This article unpacks the basics of professional negligence, from what it is to who can be held accountable, whether they are lawyers, doctors, accountants, or other trusted experts. It explains the different types of legal breaches and how to know if you may have a claim. If a professional’s mistake has caused you real harm, you might be entitled to compensation. Because sometimes, “they should have known better” is more than a saying, it is legally actionable.
When you engage a professional, you expect them to act with skill, care, and good judgment. Whether it is a lawyer, a doctor, an accountant, or a financial advisor, trust plays a central role. When that trust is broken, the consequences can be serious. In some cases, it results in financial loss; in others, psychological stress or ongoing personal and professional disruption.
Professional negligence, sometimes called malpractice, arises when a professional fails to meet the standard of care expected of them, and that failure causes harm or loss. It is not about being disappointed with an outcome. It is about whether the professional acted below the standard required in their field, and whether that shortfall caused measurable damage.
Professional negligence claims can involve a wide range of industries:
Medical professionals such as doctors, nurses, dentists, or allied health workers
Legal professionals including lawyers and conveyancers, particularly where advice is poor, documents are drafted carelessly, or delays cause harm
Financial professionals such as accountants, financial planners, or auditors who give incorrect advice or fail to act prudently
Construction and engineering professionals including builders, architects, and engineers responsible for design or safety issues
Real estate professionals who fail to disclose defects or misrepresent properties
Information technology professionals who cause data breaches, software failure, or system breakdowns
Fiduciaries such as trustees, executors, attorneys, or guardians who fail in their legal duties
In every case, the key legal questions remain the same. Did the professional owe you a duty of care? Did they breach that duty? And did that breach cause actual loss?
Separate from a negligence claim, the following may also be pursued against a professional:
1. Breach of contract
If a professional fails to deliver services as agreed in a contract, they may be liable for the financial impact. This could include missed deadlines, incomplete work, or not delivering services as promised.
2. Breach of fiduciary duty
Some professionals, like lawyers and financial advisors, have a duty to act in their clients’ best interests. If they place their own interests first or fail to disclose a conflict, that may amount to a breach of fiduciary duty.
3. Breach of statutory duty
Professionals are also bound by rules and regulations specific to their industry. Ignoring these legal obligations can be grounds for a negligence claim.
4. Misrepresentation
If a professional provides false or misleading information and you rely on it to your detriment, that could also be considered negligence. This includes both negligent misstatements and fraudulent misrepresentations.
At Dormer Stanhope, we understand that no two cases are the same. Some clients come to us after significant financial loss; others after an emotionally taxing experience that has affected their mental wellbeing or future security.
If your claim is successful, you may be entitled to compensation. This can include pain and suffering, financial loss, out-of-pocket expenses, and costs associated with future care or support. However, many of our clients are motivated by more than compensation. They want accountability. They want to make sure no one else is put in the same position.
When professionals get it wrong, the consequences can be serious. Learn your rights and how to claim compensation for professional negligence. Contact Dormer Stanhope for a confidential consultation.