What is Professional Negligence?

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Common, normal people rely on professionals for the more important and complicated matters in life; these professionals are usually doctors and lawyers, and they deal with life and death issues. So what happens when that trust is breached, when a professional fails to deliver, or even makes things worse? Well, then you know you have suffered from professional negligence. Although these cases are quite rare, they can also be very grave, so it is important to know what our rights are and what we can do to remedy the situation.

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This article aims to explain what professional negligence is, but especially how it manifests through medical negligence because this includes cases where people are directly, physically and mentally affected and damaged by incompetence. That being said, professional negligence mainly refers to a breach of duty on behalf of a professional towards a customer or patient. This duty of care is part of common law, and it is there to make sure arrangements between professionals and clients are respected. They can also go the other way around, if a client fails to do their end of the bargain.

Where medical negligence is concerned, it is described through a failure on the part of the doctor and his subordinates to provide a standard of care; the doctor either omits doing something for the patient, or does it but in the wrong manner, which eventually affects the patient’s health. Malpractice is when a doctor shows professional negligence and incompetence, and he or she must be submitted to various legal penalties. This doesn’t make the professionals in question bad or evil, because their jobs are very stressful and require working with dangerous tools or subtle concepts, and everyone is prone to error. However, duty of care exists so that we can be protected in case negligence occurs, and the right measures have to be taken.

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Because professional negligence encompasses the incompetence of various types of professionals, it can also refer to financial and emotional damages caused by poor counseling. Manufacturers can also be accused of negligence, or product liability if they release faulty products on the market, products which can have design faults, be made from harmful materials, is expired or fails to have the appropriate safety and warning signs.

Medical negligence is the category which receives the most attention because here the damages are often harsh; there are cases when doctors performed heart transplants on the wrong patients, or breast augmentation interventions on men. The people suffering from medical malpractice don’t just suffer physically, but they are mentally affected; sometimes it can take years for a patient to recover mentally, which can mean losing their job, their circle of acquaintances and so on. These people truly deserve compensation, because their lives are put on hold due to these occurrences, and they need all the help they can get to return to normal living.

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