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What Is Professional Negligence Called?

Sophia Soraya

June 11, 2024

Professional negligence is also called malpractice, which occurs when a professional breaches their duty of care. If you sustain an injury or financial harm and prove it results from a professional’s breach of duty of care, you can initiate a claim for professional negligence.

Professional negligence usually occurs when a professional fails to meet their responsibility to the required standard. Examples of professionals who may engage in professional negligence include doctors, management consultants, attorneys, surveyors, and IT specialists.

A victim of professional negligence can initiate a claim to obtain damages to compensate for various losses, including medical expenses, lost income, or out-of-pocket expenses.

Consult a trusted New Jersey personal injury attorney if you’ve sustained an injury as a result of a breach of duty by a professional.

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Types of Professional Negligence

Here are a few types of professional negligence:

Legal Negligence

Legal negligence occurs when a legal professional, such as a judge or lawyer, fails to meet the expected standard of care and competence while representing or giving legal advice to clients.

Examples of legal negligence include failure to obtain a fair settlement value, missed deadlines, or inadequate communication with clients.

Medical Negligence

Medical negligence or malpractice occurs when a medical or health professional deviates from expected standards of care through careless acts or omissions.

Personal injury laws require health professionals to provide medical care on par with the quality of service that a similarly trained professional would offer under similar circumstances.

Each healthcare provider has a duty of care to patients. They may be guilty of medical negligence when they fail to fulfill this duty.

Any trained health professional who offers treatment services below the prescribed standards of care may be liable for medical negligence.

Examples of health providers you could initiate a medical negligence claim include:

  • Nurses
  • Doctors
  • Dentists
  • Physicians
  • Lab technicians

Financial Negligence

There are many instances when you may call a financial professional for help with money matters. Whether it is an accountant or a stock broker, you expect them to act in your best interest.

You can initiate a financial advisor negligence claim if a financial professional breaches their duty of care and causes you to miss the chance to make gains or avoid losses.

Here are examples of professionals with whom you can initiate financial negligence claims:

  • Accountants
  • Auditors
  • Insurance brokers
  • Financial advisors
  • Stockbrokers
  • Tax Advisors
  • Valuers
  • Financial advisors

Construction and Engineering Negligence

Construction and engineering negligence occurs when a professional involved in a project fails to uphold the required standards of care, resulting in harm and damage to a client.

Suppose an engineer uses substandard materials during construction on a building that later collapses. In that case, the client can initiate a professional negligence claim to recover damages.

Examples of Professional Negligence

Here are a few examples of professional negligence:

  • Not filing tax returns
  • Advising or selling unsuitable financial products
  • Issuing the wrong tax advice
  • Improper use of medical devices
  • Failure to diagnose, including missing symptoms of a concussion
  • Improper monitoring of patients
  • Administering a surgical procedure to the wrong patient
  • Making poor investment decisions
  • Breaching fiduciary responsibilities
  • Faulty construction designs
  • Failure to adequately analyze a case

Tips on How to Avoid Future Conflict in the Professional Field

Here’s how you can minimize instances of defending yourself in court or suing someone for professional negligence:

  • Communicate effectively and consistently: Clear and timely messaging can minimize conflicts that harm people and often result in bitter lawsuits. Provide timely updates on the project’s status, including advance notice of any anticipated changes.
  • Set Boundaries With Each Other: Professional negligence may arise if there are blurred boundaries in the client relationship. For instance, a mental health provider should advise the client on which aspects of their life to open up about. Similarly, there should be a limit on how much information a healthcare provider should provide to the patient.

Get Legal Assistance from an Experienced Professional Malpractice Attorney As Soon As Possible

If you experience physical or financial harm because a professional you trusted failed to provide proper service or care, you deserve full compensation for your losses. Now that you know what professional negligence is called and that these claims are challenging to prove, seek representation from an experienced professional malpractice attorney who can fight for a fair settlement value for your injury-related losses.

At Varcadipane & Pinnisi, P.C. is a team of highly experienced personal injury attorneys dedicated to protecting the interests of our clients against malpractice. Contact us online or at (201) 588-1500 for a free consultation.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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