Advice for Professionals Accused of Negligence

Successfully protecting yourself against a claim for professional negligence involves far more than simply having the right liability insurance in place.  For most professionals in Norfolk, Suffolk, London or elsewhere in the UK the real concern is the real risk of damage to your professional reputation, which may harm your business for years to come, or even prevent you practising altogether.  Therefore, it is important you have access to a professional negligence lawyer who can assist you to prepare your defence and represent you effectively, either in court or in negotiations with the complainant’s lawyers.

I have experience of acting in cases involving solicitors, accountants, surveyors, healthcare professionals, etc.  Representation may be needed for a number of scenarios including any claim through the county court and/or a tribunal for a professional body. This may include a disciplinary hearing before the General Medical Council (GMC), the Nursing and Midwifery Council (NMC), the Law Society, etc.

What's Involved?

For a claimant to be successful in bringing a claim for professional negligence, they must show not only that you were negligent, but also that the negligent act caused them loss.  This takes different forms depending on the type of service being offered by the professional.  For instance, an allegation against a doctor may involve the improper provision of a type of drug.  The claimant in those circumstances would not only need to prove that the administering of the drug was incorrect, but that negligent act and breach of duty, caused some sort of loss or harm.  This same test will apply to other professionals such as surveyors, dentists, nurses, etc.

Case Management

I can assist with every stage of the case from the response to the letter before action to the trial itself at court, or before the disciplinary body.  These types of cases often involve voluminous quantities of paperwork arising from documents created in or around the time of the purported incident and potentially following the allegation with any investigation that takes place by professional bodies, the employer and independent experts for court.  Assistance can be provided with negotiation of any settlement if appropriate and if required, representation in court.  Professional negligence cases are often complex and involved.  It is the very nature of a profession that they are persons providing a service based on their knowledge gained from completing their qualifications and industry experience. 

Hands on Experience

I am currently involved in an action against a large national firm of solicitors that have accepted breach of their duty of care to my client.  I was only instructed after they had lost the trial in the county court and I am currently acting for them in the Court of Appeal in London, trying to rescue the matter following that loss.  I am also instructed to advise on the professional negligence case.  The failure of their former solicitors was a breach of tort of negligence and clearly in breach of their own professional standards set down in the solicitors' code of conduct. However the issue does not end there as to prove negligence a claimant must show a causal link between the negligent act and any loss, plus that the loss must be reasonably foreseeable. 

In my case, the issue that is being contested is the impact that their negligent act had upon the trial and what loss of chance was created by that act.  This last point is often a key feature of professional negligence cases.  Unfortunately, mistakes are made by people in their jobs.  Often the issue will be the importance and impact of that mistake.  Sometimes, the only way of doing this is in a hypothetical way and the court will calculate on a percentage basis your loss of chance and reduce any damages that may have been awarded had the claimant been successful accordingly.

Free Initial Enquiry

I have advised clients in East Anglia and London regarding breaches of their professional duties and often appear across the country in court.  For instance, I am due to start a three-day trial next week in Swindon County Court.  If you or your business requires some straightforward advice for an allegation being made against you or one of your employees, servants or agents, then please get in touch for your free initial legal enquiry. 

I can be contacted on 0843 8862603 or by EMAIL HERE.

Professional Negligence Lawyers Norfolk – If you need professional expert advice with your legal problem for your business or in a private capacity, contact Marcus Croskell for access to quick and straightforward advice and representation.