{"id":10497,"date":"2021-08-02T12:04:12","date_gmt":"2021-08-02T12:04:12","guid":{"rendered":"https:\/\/diamondlaw.ca\/?page_id=10497"},"modified":"2022-01-31T15:57:30","modified_gmt":"2022-01-31T15:57:30","slug":"professional-negligence","status":"publish","type":"page","link":"https:\/\/diamondlaw.ca\/professional-negligence\/","title":{"rendered":"Professional Negligence"},"content":{"rendered":"
[vc_row][vc_column][vc_column_text]\r\n

Professionals such as lawyers, insurance brokers, realtors, and others are a matter of utmost importance for many. Quite often, a professional will deliver a service that meets or exceeds the level expected by someone in their field.\u00a0<\/span><\/p>\r\n

However, there are occasions where that is not the case. When you have entrusted a professional with a legal matter, mistakes can lead to you suffering a loss. In cases where an expert has underperformed and has caused you financial loss or reduced an anticipated financial gain, you can bring a claim against them to compensate you for this.<\/span><\/p>\r\n

Such claims are referred to as professional negligence claims. If you want to learn more about this topic, keep on reading\u2026<\/span><\/p>\r\n\r\n

\"WhatWhat Is Professional Negligence?<\/b><\/h2>\r\n

Professional negligence occurs when a professional like a lawyer, insurance broker, accountant, architect, real estate brokers, financial advisor, etc. fails to fulfill the professional duties or obligations that they were hired by their clients to fulfill.<\/span><\/p>\r\n

When someone agrees to perform professional services for someone else who needs these services, the hired professional must exercise \u201creasonable care\u201d in providing these services.<\/span><\/p>\r\n

Reasonable care is the degree of caution and concern for the safety of the self and others an ordinarily prudent and rational person would use in the same circumstances.<\/span><\/p>\r\n

In a nutshell, professional negligence only occurs when a professional is negligent in performing their responsibilities to a required standard which is a level of service or standard of care expected from a reasonable professional in that field.<\/span><\/p>\r\n\r\n

Elements To Satisfy In A Professional Negligence Claim in Canada<\/b><\/h2>\r\n

As mentioned, professional negligence occurs only when a professional is negligent in the performance of his or her duties to expected standards. However, you will need to satisfy certain elements to bring a claim in professional negligence. These elements are the following:<\/span><\/p>\r\n\r\n

Duty of care<\/strong><\/h3>\r\n

This is when you entered into a contract (which does not necessarily need to be in writing) that meant you were owed a duty of care. A duty of care is a moral or legal obligation to ensure the safety or well-being of others.<\/span><\/p>\r\n\r\n

Breach of duty<\/strong><\/h3>\r\n

This is when the professional didn\u2019t conduct a service to the best of their ability. Additionally, you may have a breach of duty claim if the professional\u2019s assistance didn\u2019t reach a reasonable level for someone in their position.\u00a0<\/span><\/p>\r\n\r\n

Loss suffered<\/strong><\/h3>\r\n

This is when you have suffered loss as a result of the professional\u2019s negligent actions. The loss may be financial, health, <\/span>pain and suffering<\/span><\/a>, etc.\u00a0<\/span><\/p>\r\n\r\n

Common Signs of Professional Negligence<\/b><\/h2>\r\n

The difficulty in identifying professional negligence is that most instructing individuals lack the necessary knowledge or skills to recognize professional negligence. People often don’t even realize that these matters exist because they are unaware that anything is wrong.<\/span><\/p>\r\n

You may not know enough about the area, but if a professional breaches their duty of care to you then you may have the right to bring a liability claim against them. Acting early and seeking independent legal advice is vital.<\/span><\/p>\r\n

To discover whether you have a professional negligence claim, you\u2019ll need to look out for sure signs. Here are some signs of professional negligence to be aware of.<\/span><\/p>\r\n\r\n

Conflicting advice<\/h3>\r\n

\u00a0If the professional changes their opinion frequently, or if their advice is inconsistent, the professional may not know what they are doing or may not have the extensive experience needed to assist. Changes to professional advice are not necessarily a sign of professional negligence. You\u2019re looking for advice that is inconsistent with previous advice or advice that changes regularly.\u00a0<\/span><\/p>\r\n\r\n

Slow communication<\/h3>\r\n

If the professional consistently provides slow responses, the delay may eventually catch up and cause loss. Also, if you need to chase for updates or responses and the professional provides excuses for not taking action sooner, this is a red flag.\u00a0<\/span><\/p>\r\n\r\n

Incorrect procedure<\/h3>\r\n

Not taking or incorrectly following instructions is a crucial aspect of the case. If a professional breaches their duty of care to you or is doing a wrong procedure, then you may have the right to bring a claim against them.\u00a0<\/span><\/p>\r\n\r\n

Your condition seems to be worsening or not improving<\/h3>\r\n

This claim could apply to <\/span>medical negligence<\/span><\/a>. If your situation gets worse following the actions or advice of a medical professional, you may be receiving negligent service.<\/span><\/p>\r\n\r\n

\u201cIf you have suffered financial losses as a result of a professional’s negligence, experienced lawyers from Diamond and Diamond can act on your behalf to achieve a just outcome for you!\u201d<\/i><\/b><\/h4>\r\n

Common Examples of Professional Negligence Claims<\/b><\/h2>\r\n

Generally, there are a multitude of examples of professional negligence. In these circumstances, an individual can obtain compensation for their losses. For your reference, the following are some common examples and instances of professional negligence.<\/span><\/p>\r\n\r\n