Professional negligence falls under the umbrella of the English law of tort. General rules rely on establishing that a duty of care is owed by a defendant to the claimant, and the defendant is in breach of that duty. Councils have a duty of care to ensure that pavements are kept in good repair, doctors have a duty to give the best treatment to a patient and any professional body giving advice – such as accountants and lawyers have the same duty.
If professional advisors make mistakes or give wrong advice that causes you to lose money, you have the right to recover those losses.
Michelle Hayter is a Partner at Frettens and she handles professional negligence cases. Some examples of professional negligence may be:
- A deadline missed by your solicitor
- Wrong or incorrect tax advice which has led to losses
- A surveyor not identifying a serious problem such as subsidence or incorrectly valuing your property
- Incorrect financial advice.
Negligence is often claimed in personal injury lawsuits – usually based on the theory that the defendant was negligent.
Professional negligence is a complex and specialised area of law. Michelle comments “If you think you have been given incorrect advice or suffered an injury through no fault of your own, our litigation team offer a free initial consultation. Winning a case does not always rely on just knowing the law. Our team are expert in establishing complex fact patterns, finding expert witnesses and evaluating cause. If a case is presented correctly to the defendant, matters can often be settled without the expense incurred by going to court.”