When Can A Professional Negligence Claim Be Made?

When Can A Professional Negligence Claim Be Made

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Many people are under the false impression that if a professional makes a mistake, then they are automatically entitled to claim against them for professional negligence.Professionals are basically human, just like everyone else, so they can in fact make mistakes. Some of these mistakes may be perfectly justifiable, in the sense that we all make mistakes and it could be seen as human error not negligence. Bot often this negligence can be the cause of severe damage or financial losses for the client or their business. So that begs the question: when is it a case for a professional negligence claim and when is it simply human error?Well the first standard test in any professional negligence claim is whether there was 'reasonable' skill and care exercised by the professional. If it can be shown that they acted reasonably and took all the steps that would be expected of them, then normally there will be no case for compensation to be claimed.Even though the UK sees a mamouth amount of litigation through the courts, it is shocking how many people suffer professional neglience, but are unable to bring a claim. In this way a professional is able to be incorrect, but it is unlikely they will be negligent. However, as with everything else in law, the situation is slightly more complicated than it would first seem. Within professions there are specialists. For example; if you needed weightloss surgery, it would be a bariatric specialist that you dealt with. Bariatric in particular is a specialist field which deals with obesity, therefore those patients whom are severly overweight will normally see a specialist in this area. In bringing a claim against a bariatric surgeon the court will consider the opinion of an independent 3rd party expert into what standard of care would be expected from a specialist baraitric surgeon. In other words if you set yourself up as an expert in any particular field, then you are measured against the standards of care and skills expected to be described as an expert in that particular field. If a person wants to make a professional negligence claim relating to losses incurred then the client must prove, beyond reasonable doubt that the professional actually caused the losses through their lack of skill and care! The world of professional negligence claims is therefore a complex one and it is for this reason that clients all require specialist professional negligence lawyers behind them to guide them through the process!

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