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Professional Negligence

Professional Negligence Lawyers in NSW: Defending your rights

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In the context of professional negligence, several professions are commonly involved in legal claims due to the nature of their work and the high standards of care and expertise expected of them. Each of these professions is governed by specific professional standards and statutory regulations, and the professionals are expected to perform their duties with a high level of skill and care. When they fail to meet these expectations, it can lead to negligence claims.

Medical Professionals

This group includes medical professionals such as doctors, nurses, dentists, veterinarians and other allied healthcare providers. Medical malpractice claims can arise from misdiagnoses, surgical errors, medication errors, and other forms of care that fail to meet accepted standards.

Legal Professionals

Lawyers and conveyancers can face negligence and breach of contract claims for not properly advising a client, not properly drafting legal documents, including wills, so they are clear in their terms, and lastly for unreasonable delay in progressing a client’s matter.  The client must suffer damage to be successful in a claim.  Damages may include legal costs if they are incurred because of the legal professional’s negligence.

Financial Professionals

This includes accountants, financial advisors, and auditors. Negligence claims in this sector often involve poor financial management, incorrect tax advice, or inadequate auditing.

Construction and Engineering Professionals

Architects, engineers, and builders can be sued for negligence related to building defects, structural failures, or non-compliance with safety standards.

Real Estate Professionals

Real estate agents and property managers can face claims for failing to disclose property defects or misrepresenting property features.

Information Technology Professionals

IT consultants and firms may be liable for issues like software malfunctions, data breaches, or project failures that cause financial losses.


Trustees, Executors and Administrators of Estates, Guardians, and Attorneys have a legal and ethical duty to act in someone else’s best interest. These roles arise in contexts where trust, good faith, and confidence are given by one party to another.

No two cases of professional negligence are ever the same, which is why Dormer Stanhope prioritises an individually tailored approach to each matter, based on an intimate understanding of our client’s circumstances. If your claim is successful, you may be able to recover damages for physical or psychological pain and suffering, damages for economic losses such as loss of earnings, your out-of-pocket expenses, and the cost of previous and future domestic care and assistance. However, more often than not, our clients are motivated by a desire to ensure no one else experiences what they have been through rather than financial gain.

At Dormer Stanhope, we offer our professional negligence services on a no win no fee basis to assure you that you won’t be worse off by bringing a claim.

No matter which professional sector you have been let down by, contact Dormer Stanhope today for a free initial consultation about your individual circumstances and advice on the options which are available to you to right the wrong you have suffered.

Some of the most commonly involved professions include:

When you have put your trust in a professional and they have fallen short of the standard of care which should be expected of their profession, it can not only be disappointing but can have significant financial, physical, and even psychological ramifications.

In New South Wales, professional negligence, often referred to as professional malpractice, generally encompasses several types of breaches by professionals that can lead to legal liability.

The main types of professional negligence

Breach of Duty of Care

Professionals are expected to exercise a reasonable level of skill and care that is typical of their profession. A breach occurs when a professional fails to meet this standard, causing harm or loss to a client.

Breach of Contract

This type of negligence arises when a professional fails to fulfil the terms of a contract with a client. This could involve not completing work as agreed upon or not delivering services within the specified time frame.

Breach of Fiduciary Duty

Certain professionals, like lawyers and financial advisors, have a fiduciary duty to act in the best interest of their clients. Breach of this duty can occur if there's a conflict of interest or if the professional benefits at the expense of the client.

Breach of Statutory Duty

Professionals must comply with various statutes that govern their profession. Failure to adhere to these statutory requirements can result in statutory negligence.


This occurs when a professional provides false or misleading information on which a client relies, resulting in loss or damage. This can be either a fraudulent misrepresentation (made knowingly without belief in its truth) or a negligent misrepresentation (made without reasonable grounds for belief in its truth).

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