What Is Professional Negligence?

What is professional negligence?

Professional negligence occurs when an industry professional doesn’t properly fulfill their duties or obligations. While negligent acts are usually accidents, any resulting harm could lead to massive lawsuits stemming from someone not carrying out their responsibilities appropriately. Medical malpractice is an example of a professional negligence situation. 

When professionals take on work, they’re expected to exercise “reasonable care” in carrying out their duties. Reasonable care means that others in the same situation would take specific actions to ensure a positive outcome. Mistakes can happen when someone doesn’t adhere to reasonable care, resulting in professional negligence.

What professions are vulnerable to negligence?

Specific industries are more prone to negligence cases. However, negligence can happen in nearly any service industry. Those who provide professional services are often held to high standards and can be sued when problems arise. 

These are some of the most common professions vulnerable to professional negligence accusations: 

• Lawyer
• Insurance broker
• Accountant
• Architect
• Doctor
• Realtor
• Financial advisor

However, other service providers should also protect themselves against negligence claims, including the following: 

• Dietitians
• Physical trainers
• HVAC installers
• General contractors
• Teachers
• Tutors

Professional negligence is covered by professional liability insurance, sometimes known as errors and omissions (E&O) insurance. This insurance provides a legal defense and pays the claims up to policy limits for professional negligence. 

Examples of professional negligence

There are many examples of professional negligence that happen every day. Here are a few typical instances:

Example 1: A surgeon performs the wrong procedure.

A surgeon performs knee surgery on someone’s right knee instead of the left. This is an example of a common negligence incident – and one that has led to many lawsuits. Now, as part of their preop procedures, surgeons will meet with the patient and confirm the surgery type and location. They’ll use a Sharpie to mark the surgical spot with the patient watching to ensure it’s correct. 

Example 2: A trainer teaches the wrong exercise form.

Another example of professional negligence is a physical trainer who’s sued because a client hurt their back performing an exercise the trainer taught them. The trainer taught and reinforced poor form in the exercise, leading to the client’s injury. This is professional negligence because physical trainers are expected to know and teach the correct form.

Example 3: Stairs collapse in a house.

A general contractor builds a house. The staircase later collapses due to a structural error, damaging the home and injuring the homeowner. General contractors are expected to do work that meets safety standards, and an oversight could result in a lawsuit for professional negligence.

Example 4: A tutor says a student will get into an Ivy League school.

A tutor boasts about how their students always get accepted to Ivy League schools and promises to do the same for a new client. This claim sets high expectations when, for many reasons, there’s no guarantee any student will gain admittance to an Ivy League school. Essentially, the tutor shouldn’t set inappropriate expectations, as they could lead to professional negligence accusations.

Talk to other professionals.

Talk to industry peers and attend industry conferences or professional development classes. You’ll stay abreast of what’s going on in the industry, learn what others do to protect themselves and get an idea of how to react when negligence claims occur. Learn from others to help protect yourself. 

How professional liability insurance can protect you

Professional liability insurance isn’t required in all professions. For example, it’s required for doctors but not for physical trainers. Still, even if it’s not required, it can be an excellent idea. Consider your industry and options. Many professionals whose industry has lower lawsuit risks can get a professional liability insurance policy at a reasonable rate. 

Professional liability insurance is there when someone files an insurance claim or lawsuit stating you didn’t perform your job professionally. It’s different from general liability insurance, which covers you from third-party accidents, such as slip-and-fall scenarios that have nothing to do with your professionalism. 

The best liability insurance providers offer policies that provide a legal defense for your situation, including attorneys’ fees, expert witnesses and investigation services. They will also pay up to a policy’s limit for a settlement or judgment. You likely won’t have to pay anything out of pocket if you get sued. 

Mark Fairlie contributed to this article.