While seeking services from a professional, expecting a standard of care is essential. Even if their performance tends to fall short of overall expectations, their action must not cause any kind of harm to the hiring authorities. When they do, as a hiring individual or company, you are entitled to have a valid professional negligence claim on them.
Any sort of professional negligence affects businesses and individuals in varied ways. Getting a legal consultation from Quinn Law Group, LLC, is one reasonable way to help overcome the setbacks caused by negligence claims.
Professional Negligence Claim Possibilities
Professional negligence occurs when a professional hesitates to perform their given responsibilities as per the required standards. The quality of the work to be delivered by the professional is based on standards set in their respective fields.
Although anyone can be accused of negligence, a professional negligence claim can be made against someone only when they have been considered experts in their field.
To make a claim under professional negligence, you need to fulfill the upcoming set of elements in some way.
- Duty of care: You have entered into a contract, whether in writing or not, and you still owe them a duty of care. It’s a legal obligation to ensure the utmost safety and well-being of professionals.
- Breach of duty: The professional has not been able to provide the best of their known ability and ends up with a breach of duty. It can happen if the professional’s part in the project has not yet matched or met expectations.
- Suffered loss: A distinctive loss has happened due to the negligent actions taken by the professionals in the field. The loss here can be related to health, finances, and more.
How to Reduce Professional Negligence Claims? – Potential Ways Explained
By now, you must have understood that negligence claims can widely affect the operative part of any business. While providing any kind of professional services, it is a must to be proactive and follow precautions that can mitigate possible professional negligence claims in one way or another. Below is a set of valid practices to follow under the guidance of a legal advisor to reduce professional negligence claims.
Writing a precise contract
For every client, whether new or regular, make sure to have a precisely written contract that outlines the expectations and overall scope of work. The contract should highlight the project aspects to ensure that both parties have clear communication over their professional duties.
Setting up realistic expectations
It’s quite easy to get carried away to win over a client who has been promising outcomes that are realistically not able to achieve. Despite being successful in obtaining new customers or clients, not being able to meet with the workflow attracts professional liability claims to your business. Always set realistic expectations while discussing the services offered to have a wide vision with the clients. If not, you might end up putting your work ethic in expensive situations, while the clients may feel cheated for finding the wrong choice in the first place.
Establishing regular communication
Never leave clients in the middle; clear communication through a legal representative can resolve professional negligence claims. Notify the client before any changes or issues happen in real-time to improve your perception toward delivering professional services. For example, to ensure patients get to know and better understand their conditions, doctors as professionals must follow clear communication protocols. Most people do not understand medical language, which is why physicians must explain the diagnosis process, test results, and medical conditions rather than blaming the patients for the same.
Safeguard Your Business: Steps to Prevent Professional Negligence Claims
In order to ensure the duty of care related to your business services is rightly covered, understanding the responsibility and taking relevant action must be given importance. This way, any potential professional negligence claim possibilities can be avoided at bay. Always seek legal advice whenever there is a possibility of professional negligence claims happening to your business or company.
References:
- https://www.allanrouben.com/blog/understanding-professional-negligence/
- https://brittontime.com/2020/12/11/professional-negligence/
- https://www.embroker.com/blog/professional-negligence/#:~:text=For%20a%20client%20to%20make,duty%20directly%20caused%20the%20loss
- https://www.alertmedia.com/blog/breach-duty-of-care/
