Types of Professional Negligence
- Medical Negligence
Medical professionals are expected to provide a standard of care that ensures patient safety. Medical negligence may involve misdiagnosis, surgical errors, prescription mistakes or inadequate follow-up care. If a healthcare provider’s failure causes harm, a patient may have grounds for a negligence claim.
- Legal Negligence
Lawyers have a duty to act with competence, diligence and in the best interest of their clients. Professional negligence can occur when legal professionals fail to advise properly, miss critical deadlines (such as filing court documents) or mishandle cases, leading to a loss of legal rights or financial harm.
- Financial and Accounting Negligence
Financial advisors and accountants are responsible for providing accurate advice on financial matters. This type of negligence can arise from providing incorrect tax advice, failure to detect fraud or recommending unsuitable investments. Clients who suffer financial loss due to such errors may have grounds to seek compensation.
- Engineering and Architectural Negligence
Engineers and architects have the responsibility to design and supervise construction projects safely and according to proper standards. Negligence in this field may involve structural failures, building code violations or poor project management, which can result in costly repairs or safety hazards for clients.
Risks Posed by Professional Negligence
The risks of professional negligence extend beyond financial loss and can impact personal health, safety or even legal standing. In the case of medical negligence, individuals may face long-term physical or psychological harm. Legal negligence could result in the loss of a case, missed legal rights or the imposition of penalties. For businesses and individuals, financial negligence can lead to significant monetary loss, insolvency or tax penalties. Engineering or architectural negligence can compromise building safety and lead to costly litigation and repairs.
In all cases, the professional’s failure to uphold their duty of care can leave victims in distressing situations, sometimes with limited options to rectify the harm caused.
Action
If you believe you have suffered from professional negligence, the first step is to gather evidence to support your claim. This may include:
- Obtaining records of the advice or services provided by the professional.
- Securing a second opinion or review from another professional in the same field.
- Documenting the harm or financial loss suffered as a result of the negligence.
Once the evidence is compiled, you may be entitled to pursue a legal claim against the negligent professional for damages. It is essential to act promptly as strict time limits apply to professional negligence claims in Queensland.
Cases
Rogers v Whitaker (1992) 175 CLR 479
- In this landmark medical negligence case, the High Court of Australia ruled that a doctor had breached their duty of care by failing to inform the patient of potential complications from eye surgery. The patient, who suffered total blindness in one eye, was awarded damages for the professional’s negligence in failing to disclose the risks.
Astley v Austrust Ltd (1999) 197 CLR 1
- This High Court case involved a lawyer who gave negligent legal advice, leading to significant financial losses for the client. The court held that professionals, including solicitors, owe a duty of care to their clients and a breach of this duty, such as providing incorrect advice, can result in liability for professional negligence. This case confirmed that contributory negligence could reduce damages awarded but does not eliminate the professional’s responsibility.
Seeking Advice
If you suspect that you have been the victim of professional negligence, seeking legal advice is crucial.
At Gibbs Wright, we are experienced in handling professional negligence claims and can help assess your case. Our team will guide you through the process from gathering evidence to taking legal action if necessary. We understand the complexities of these claims and are here to provide the support you need.
Conclusion
Professional negligence can have severe consequences whether financial, legal or personal. Understanding the types of negligence and the risks involved is the first step toward protecting your rights.
If you believe you have suffered due to someone else’s professional negligence, it is important to seek expert legal advice to explore your options for compensation and resolution.
