Professional Negligence Claims
What is Professional Negligence?
If you’ve put your trust in a professional and they’ve let you down you may be entitled to compensation for your losses.
By law any professional delivering a service has a duty to exercise a reasonable degree of skill or care. When a professional fails to do so, resulting in you suffering a loss, then you could be eligible to receive compensation for such loss.
A professional practice, be it a doctor; solicitor; or otherwise, carries with it a responsibility to deliver a service that is in accordance with accepted professional practice. If that professional breaches their duty of care towards you, then you must prove that you have suffered an identifiable loss. That loss, whether a financial or injury related loss, must be directly related to that professional’s negligence. You also have to prove that you have become worse off as a result of that negligence.
Our Professional Negligence Services
Our specialist lawyers have decades of experience with disputes against a range of professional fields. Turner Freeman offers clear, comprehensive and professional advice to our clients, as well as providing assistance to determine the best course of action for each client. We consult clients and may be able to help those who have suffered:
- Misleading or deceptive professional advice;
- Solicitor incompetence; or
- Errors made by medical practitioners.
Time limits may apply to these types of claims and can vary between states and territories. You should seek legal advice about the time limits that apply to your specific circumstances.
Frequently asked questions
Find out more
How we can help you?
Our experienced team of lawyers can:
- Investigate whether a professional duty of care has been breached
- Establish whether a claim can be made
- Explore alternative avenues for compensation from poor professional advice
- Determine the best course of action to minimise risk and maximise return
- Offer professional litigation services when necessary.
Can I claim for professional negligence?
If you have engaged a professional person or a firm or company which provides professional services and you paid for advice, work to be done, service or treatment which has left you dissatisfied, financially worse off or caused you to suffer a financial loss or injury, you may have a claim.
You may have a claim for breach of contract. You may also have a claim against the professional for negligence.
To establish or prove the negligence claim, we must be able to show that:
- (a) the professional you engaged owed you a duty of care; and
- (b) the professional breached the duty of care which was owed to you; and
- (c) as a result of the breach of duty of care, you have suffered loss and damage.
There may be other potential causes of action or ways to approach the claim which we can discuss when we know more about the facts and the likely evidence in the case.
What can I claim for?
The aim and objective of the claim and the legal system is to place you back the same or similar financial position you would be in right now had the professional not been negligent and/or not breached the contract with you.
In other words, but for the negligence or breach of contract, what would be your financial position right now? The assessment or calculation of the compensation involves some degree of estimation and speculation and this is why expert legal advice is critical which is where we can assist as have the experience and expertise.
We can advise you in greater detail about precisely what you can and can’t claim for when we are across all the facts and the evidence regarding your claim.
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