The prosecution of a professional negligence claim can be a difficult and complicated process. It need not be. Brydens Lawyers are the experts in the prosecution of professional negligence claims. For over 40 years Brydens Lawyers have been prosecuting claims on behalf of the clients to recover entitlements for losses which have been incurred.
Against which professionals can I claim?
A claim can be brought against any person who holds themselves out as a professional extorting themselves as having a particular skill or expertise in an area. This would include lawyers, doctors, engineers and accountants for example.
In the event that a client engages a professional and as a result of that professional’s conduct the client suffers loss or damages then the client may have available to them a professional negligence claim. In order to successfully prosecute a professional negligence claim it must be established to the court’s satisfaction that the professional was negligent.
Negligence of a Professional
The law imposes upon professionals a very high obligation and duty of care when dealing with their respective clients. This would include the client of a lawyer or the patient of a doctor. Such persons are required to exercise all due care skill and diligence in and about the performance of their obligations pursuant to their retainer with the client.
In respect of a professional negligence claim as against a doctor there is the intrusion of the Civil Liability Act 2002. It provides that in order for a doctor or treating health professional to be held liable in negligence by the court it is necessary to establish, by reference to peer professional opinion, that the doctor did not act in accordance with such opinion and as a result of which there has been injury, loss or damage suffered by the patient.
What can I claim against the negligent professional?
The law provides that you are entitled to claim for all losses or damage suffered as a result of the negligence of a professional. This would include general damages or non-economic loss for pain and suffering in the event that the negligence of the professional, such as a doctor, resulted in personal injury.
In the case of a lawyer or accountant or engineer the loss would be financial for which a claim could be made.
On the successful prosecution of a professional negligence claim the professional would also be ordered to pay the costs of the proceedings. These would be costs as between party and party and usually cover a substantial proportion of the actual costs as incurred by the client in the prosecution of the claim.