Legal Definitions - Professional negligence

Professional negligence, also commonly referred to as malpractice, occurs when a professional fails to exercise the degree of skill and care that a reasonably prudent professional in the same field would have exercised under similar circumstances. This failure constitutes a breach of their professional duty to a client or patient, and it results in harm or loss to that client or patient.

• Example 1: Medical Context

  A surgeon performs an appendectomy, but due to a lapse in attention, accidentally nicks a major artery during the procedure. This error leads to severe internal bleeding, requiring an emergency follow-up surgery and an extended hospital stay for the patient.

  Explanation: The surgeon had a professional duty to perform the operation with the accepted standard of care for medical professionals. Nicking a major artery due to inattention falls below this standard, breaching their duty. This breach directly caused the patient significant physical harm and additional medical expenses, illustrating professional negligence.

• Example 2: Legal Context

  A lawyer representing a client in a real estate transaction overlooks a crucial clause in the purchase agreement that would have protected the client from unexpected repair costs after closing. As a result, the client is forced to pay a substantial amount for structural repairs that should have been the seller's responsibility.

  Explanation: The lawyer had a professional duty to diligently review all legal documents and protect their client's interests. Failing to identify and advise on a critical protective clause constitutes a breach of this duty. This breach directly caused the client financial loss, demonstrating professional negligence.

• Example 3: Financial/Accounting Context

  An investment advisor recommends a high-risk investment strategy to a retired client who had explicitly stated their need for a low-risk, stable income portfolio. The advisor failed to adequately assess the client's risk tolerance and financial goals, leading to significant losses in the client's retirement savings when the market declined.

  Explanation: The investment advisor had a professional duty to understand their client's financial situation and recommend suitable investments. Recommending a high-risk strategy contrary to the client's stated needs and risk tolerance is a breach of this duty. The resulting financial losses for the client illustrate professional negligence.