Professional negligence is a legal concept that applies when a professional fails to meet the required standard of care, skill, and diligence that is expected of them in their profession. A person’s first assumption when they hear the word professional negligence is that it is related to medical malpractice or medical negligence which is not the case. In Ireland, this concept applies to various professionals, including doctors, lawyers, engineers, architects, surveyors, accountants, and other professionals who provide services to the public.
When a professional fails to provide the expected level of care, and this results in harm or loss to their client, the client may have the right to seek compensation for the damages suffered which might lead to a professional negligence case. The client can make a claim for professional negligence if they can prove that the professional breached their duty of care, causing them to suffer harm or loss.
To establish a claim for professional negligence in Ireland, the client must prove the following elements:
Duty of care: The professional owed the client a duty of care, which means that the professional had a legal obligation to provide services with reasonable care, skill, and diligence.
Breach of duty: The professional breached their duty of care by failing to provide the required standard of care, skill, or diligence. This can include acts of commission, such as providing incorrect advice, or acts of omission, such as failing to take necessary steps.
Causation: The client must show that the breach of duty caused them harm or loss. They must demonstrate that, if the professional had met the required standard of care, the harm or loss would not have occurred.
Damages: The client must have suffered damages as a result of the breach of duty, such as financial loss, physical injury, or emotional distress.
Professional negligence claims can be complex and require the expertise of a solicitor who specializes in this area of law. The claimant must provide evidence to support their claim, and the professional may dispute the claim or argue that they met the required standard of care.
Professional negligence can occur in a variety of professions, such as accounting, engineering, law, architecture or surveyors, medicine, bank, insurance brokers, financial advisors, pension advisors and other advisors in relation to financial related products. In order to succeed in a claim of professional negligence, the applicant bringing the claim (the plaintiff) must typically show that they suffered harm as a result of the professional’s failure to meet the required standard of care.
Clients who suffer harm or loss due to the negligence of a professional may be entitled to compensation. The amount of damages awarded will depend on the circumstances of the case, including the extent of the harm or loss and the impact it has had on the client’s life.
Examples of potential professional negligence include:
It can be difficult to determine if a situation qualifies as professional negligence, so it is important to seek legal guidance as soon as possible.
The Standard time limit is 6 years from the time negligence occurred in professional negligence claims case. If you believe you are unsure as to whether you are still within the time frame to make a professional negligence claim, we are more than happy to advise you on this matter.
As one of the country’s leading solicitors for professional negligence claims, our solicitors assist clients in a wide range of areas relating to claims against a wide range of professionals. We apply a level of professionalism, tenacity and expertise to these cases, provide legal advice and guide our clients through the issues on a step by step basis in relation to their case. To understand more about your case, please contact us on +353 1264 5555 or fill out our enquiry form below and one of our solicitors will reach out to you as soon as possible.
Our approach to resolving your professional negligence claim is tailored to what you need to achieve and any specific concerns you may have. Your goals and priorities are always at the heart of the service we offer.
We appreciate that clients when possible will often prefer to seek a solution without resorting to court proceedings. Thus, we offer various options for Alternative Dispute Resolution (ADR) in order to help you reach an out-of-court settlement where appropriate, as well as extensive experience in successfully pursuing court action when necessary.
I would highly recommend Gibson & associates solicitors, Sinead Is amazing to work with and always updates you with everything, I’m so happy how less stressful Sinead has made for me and appreciate all her efforts. Thank you for everything.
Niall and Jessica are truly amazing. They went above and beyond to help me with my case. I can’t recommend them highly enough.
Gibson & Associates LLP were extremely helpful and communicative for the business matter I hired them for. Their staff was a pleasure to work with in every regard, and I would absolutely work with them again. Highly recommended!
Excellent Experience with Gibson & Associates Solicitors. Sarah was so helpful and explained everything very clearly. I will definitely be recommending them to family and friends in the future
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.