Professional Negligence

Professional Negligence

We often have to put our trust, livelihoods, and health in professionals, but what if the professional working or caring for you doesn’t do their job and hurts you because of their negligence?

If a professional has failed to take proper care when doing their job, and you’ve suffered because of it, then you may have a claim for professional negligence. At Cote & Evans Trial Lawyers, we will work with you to resolve your professional negligence claim.

Who is a “Professional”?

A professional is someone who provides specialized work for which they have undergone special education or training. We expect professionals to perform their services to a higher standard because of their specialized education and training. Professionals include doctors, lawyers, accountants, and engineers.

Many professionals are also regulated and disciplined by their own administrative body which regulates and disciplines the members of that profession. At Cote & Evans, our lawyers can determine what laws and legal principles apply to your claim.

Duty of Care

If you make a claim in professional negligence, you must prove that the professional had a responsibility to do, or avoid doing, actions that would likely cause you harm. In many professional situations, the courts have already recognized that a duty of care exists in the professional relationship. Examples of recognized duties of care include the relationship between a lawyer and their client, and a doctor and their patient.

If a court has not previously recognized that the relationship necessitates a duty of care, then the court may still find a duty of care if the court is satisfied that it should do so. To speak to a lawyer about whether a professional owed you a duty of care, please call Cote & Evans Trial Lawyers for a free consultation.

Standard of Care

If the Court is satisfied that the professional owed you a duty of care, then you must demonstrate that the professional breached the standard of care and that this breach caused you a loss.

To breach the standard of care, the professional must have not demonstrated the skill, judgment, and care that can be reasonably be expected from that profession. Since professionals undergo advanced education and training, we expect them to exercise a higher standard of care.

Generally, the person making a claim for professional negligence will need to provide expert evidence on what the standard of care is for a court to find that the standard was not met. The lawyers at Cote & Evans Trial Lawyers can advise you whether expert evidence is recommended for your claim.

This article is not intended as legal advice. If you feel you have a claim for professional negligence, then you should speak to a lawyer as soon as possible. Please contact Cote & Evans Trial Lawyers for a free consultation regarding your professional negligence claim. We will review your case and discuss your legal options, and how we can best assist you moving forward.v


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