Professional negligence can take place in a wide range of professionals but two more common are in a medical or financial setting. People rely on professionals to be able to help you through medical treatments for example or financial decisions that can have serious consequences, hence the use of a professional to minimise the risk. You expect professionals to carry out their duties to a professional standard however there are times when mistakes occur, negligence arises when these errors are due to professional standards not being met and this causes harm or loss to the individual. This article goes into detail about how negligence can occur in medical and financial settings and what to do if it has.
What Is a Negligence Claim?
An individual may pursue a claim against a professional because they have failed to carry out their role to professional standards which results in harm or financial loss to the individual. Professionals have a legal duty of care for their clients or patients meaning they must act in accordance with their industry standards. For a negligence claim to be successful three elements must be proven: a duty of care was owed, that duty was breached, and the breach caused measurable harm or loss. These elements ensure accountability is being held for when professionals do fall short.
Negligence in Healthcare Settings
Like all other professionals, healthcare professionals must provide treatment that meets their industry standards. However, unlike other professionals the consequences of medical negligence can be a lot more severe, which can affect both the patient but also families or carers. There are many different areas where negligence can occur in the healthcare setting, some examples include misdiagnosis or mistakes in administering medication. A medical malpractice solicitor can assess whether the actions carried out by the professional failed to meet medical standards. This can be done by reviewing medical records and instructing independent experts. The report from an independent expert is key evidence in finding whether negligence occurred and if it caused direct harm.
Negligence in Financial Settings
Although no harm can be caused by financial negligence to the individual, it can cause significant financial loss. Accountants and financial advisors must ensure all advice given is in line with professional standards. Some examples of where accountant negligence may arise include incorrect tax advice or missing deadlines. As a result this could lead to individuals or businesses receiving penalties or cash flow problems. It is common for clients to suffer significant loss before the problem comes to light.
Proving Negligence and Seeking Specialist Advice
If you think you may have been a victim of negligence it is important to get advice from a professional negligence solicitor as soon as you can as there are limitation periods to be able to pursue a negligence claim. A successful negligence claim requires clear evidence, this can be from documents and an independent expert report. This evidence has to show the act in question resulted in direct harm or financial loss. It is essential to use specialist solicitors to guide you through the case as they can be complex, especially medical negligence.