Professional negligence occurs when lawyers, doctors, realtors, and insurance agents, among others, fail to provide the level of competence expected in their field.
When you give trust to a professional for an important function, mistakes can lead to loss or suffering.
Experts may have underperformed or failed to do their task within reasonable standards that cause the victim financial losses or even pain and anguish.
In short, a professional who takes on a job must exercise reasonable care in the work.
If you experienced loss, damage, or suffering because of the professional negligence of a lawyer or doctor, you can take action!
Find the right lawyer specializing in professional negligence lawsuits by filling out the short online form on this page!
Elements of Professional Negligence Claims
We have mentioned earlier that professional negligence happens when a professional charged with a duty performs below expected standards.
Before you can file a professional negligence claim, certain criteria must be met:
Duty of care
When you enter into a contract (written or verbal), duty of care is owed to you by the contractor. It is a legal and moral obligation to ensure your well-being and safety.
Breach of duty
If a professional fails to deliver a service to the best of his ability, it falls under breach of duty. This is particularly applicable if the professional fails to perform within reasonable standards for anyone in his position.
Loss
This applies when you have suffered a loss due to a professional’s negligence. It may be financial or material, or pain and suffering.
If your situation satisfies the above, you may have grounds to file a claim for professional negligence. Consult a lawyer and get legal advice regarding legal remedies you can obtain.
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What are Common Examples of Claims for Professional Negligence?
There are many examples of professional negligence that lead to lawsuits in Ontario.
In these situations, the individual or victim seeks compensation for loss, damage, or suffering.
Below are a few examples of professional negligence.
- An accountant provides bad financial advice that results in missed tax relief or bigger tax payments.
- A realtor fails to provide critical information related to the purchase of a property which lowers or affects its market value significantly.
- Adoctor or nurse administers the wrong medication to a patient that results in injury or death.
- An architect draws up plans for a renovation that fails to comply with regulations that necessitate the demolition or rebuild.
- A lawyer fails to communicate with you crucial information on your claim such as a settlement offer
The above examples are grounds for a client to sue for professional negligence and seek redress. Other professions where professional negligence could occur include morticians, financial planners, psychologists, realtors, etc.
Understanding Professional Negligence vs. Medical Malpractice
Medical professionals are obligated to give a standard of care to any patient. Another doctor with the same education or training would have done the same under the same situation to satisfy the standard of care to provide treatment.
Both negligence and medical malpractice require a breach in the standard of care that resulted in an injury or death. These terms are used interchangeably but there is a difference.
Under personal injury law, negligence by medical professionals occurs when basic duties for patient care are disregarded due to ignorance, oversight, or error. While the medical professional had no intention to cause harm, the failure to identify risk factors or take proper steps for the well-being of the patient is considered negligence. It results in the worsening of a medical condition or injury due to a breach of duty.
Differentiating medical negligence and medical malpractice
Medical malpractice is greater in severity. The practitioner knew the possible consequences of their lack of action or action but proceeded regardless.
Thus, the huge difference between the two is that in negligence, a doctor made an unintentional mistake that could have prevented the injury while in medical malpractice, the negligence was intentional.
If you have suffered an injury or loss due to the negligence of a health professional, you can file a claim for professional negligence or medical malpractice.
Find an experienced lawyer from the JuriGo network today to know your legal remedies!
Signs of Professional Negligence
How do you know if a professional you hired may be guilty of professional negligence? There are some signs that you can look for.
Conflicting advice
Is the professional constantly giving varying opinions or recommendations? If he is inconsistent with his advice, he may not know what he is doing or he lacks experience.
Delayed or slow communication
If a professional is slow to respond, such delay may result in a loss. When a professional is too difficult to reach or often unavailable, this is a red flag.
Wrong procedures or steps
If a professional takes the wrong steps or fails to follow instructions, it is a breach of duty.
Look for these sure signs of professional negligence and find the right lawyer to act on your behalf for the best outcome.
The Types of Negligence in Ontario
There are 4 types of negligence in Ontario that have distinct features and legal implications.
- Gross negligence: Severe breach of the standard of care.
- Comparative negligence: Both the complainant and defendant contributed to the injury or loss.
- Contributory negligence: The complainant had some part in causing their injury or damage.
- Vicarious negligence: The employer is held responsible for the negligence of an employee.
They all involve a breach of duty.
If a person injured in a car accident was not wearing a seatbelt at the time of the accident, it could be deemed contributory negligence.
It does not mean that a victim’s contributory negligence means he cannot get compensation. However, the court may reduce the amount of damages he is entitled to.
How to file a claim for Professional Negligence in Ontario
Negligence law is a fundamental component of Ontario’s legal system and covers various areas such as car accidents and professional malpractice.
The principle of tort law manages liability damages and promotes taking responsibility for one’s negligent actions.
In general, civil claims in Ontario follow a 2-year limitation period, meaning the victim must initiate the claim within two years of the event or discovery of the injury, loss, or damage.
To file a civil lawsuit for negligence resulting in injuries, the victim must prove that the wrongdoer owed a duty and breached said duty that caused an injury resulting in damages suffered by the victim.
Steps to File a Professional Negligence Claim
Before filing legal action for professional negligence, you can first file a formal complaint with the governing organization for the profession.
For instance, you can file a complaint with the Chartered Accountants of Ontario or with the Real Estate Council of Ontario.
If you file a complaint, you can still sue a professional for negligence.
To do so, you must seek the advice of a lawyer who is skilled in handling professional negligence cases.
Why hire a lawyer for a professional negligence claim?
Deciding whether to file a claim against a professional for negligence is a tough decision. It requires a thorough understanding of what the standards that apply in your situation are and whether a breach occurred.
It may be difficult to prove professional negligence but lawyers specializing in this field know the ins and outs and the approaches available for resolution.
Experienced lawyers will:
- Assess your claim;
- Preserve your rights;
- Deal with limitation periods;
- Work with errors and omissions insurance companies;
- Consult the necessary experts to support your case;
Your lawyer will guide you throughout this complex process and work hard to get the compensation you are entitled to.
Don’t let just anyone handle your case! Make sure to hire the right lawyer for your claim by comparing multiple offers using our short online form.
Claims in Tort or Contract
A claim for professional negligence can be filed against a professional including a solicitor, advisor, lawyer, or other professionals when they omitted to act below the standard of care required.
The standard or duty of care is owed whether a formal contract exists or not but with most professionals such as lawyers, a contract is entered into.
Legal action can be taken in contract and tort. In some cases, the lawsuit is brought in tort because the time limit for filing a claim can be extended.
A lawsuit can be brought forth in tort and contract if:
- The defendant’s duties are based on a contract;
- The defendant’s negligence in complying with the contract resulted in a loss to the complainant’s assets or financial interests.
A complainant who is qualified to file both in tort and in contract can choose which area to make a claim. The limitation period for claims in tort and contract is 6 years from the date of the cause of action.
The cause of action in tort requires that a duty of care is proven and that said duty was breached which resulted in a loss.
In contract law, the cause of action accrues as soon as the contract is breached.
An experienced lawyer can advise you on how to file your claim for professional negligence under tort law or contract law for the best outcome.
FAQS on Professional Negligence Lawsuits in Ontario
Are you thinking of filing a lawsuit for professional negligence against your architect, healthcare provider, engineer, or lawyer?
We gathered some of the most popular FAQs regarding professional negligence lawsuits in Ontario to be your guide.
Do I need a lawyer to file a professional negligence claim?
If you are a victim of professional negligence, you must find a lawyer specializing in this field to represent you. The defendant will be sure to hire a good lawyer to defend him. You will need a competent and experienced lawyer to prove your claim and get the compensation you deserve.
Are most professional negligence claims successful?
Lawsuits are costly in terms of time and money. For this reason, most personal injury claims are settled out of court. Claims against professionals for negligence can be hard to prove but in the hands of a good lawyer, they can be victorious.
How does the victim get paid after the court awards compensation?
The defendant will be ordered to pay the damages awarded by the court but payment is not guaranteed after you win a case. In certain cases, the judgment must be enforced. For instance, a hearing can be done in court to examine the financial situation of the debtor which can lead to wage garnishment or the seizure of property.
What is the average time for a professional negligence case?
Once legal action is initiated, there is no fixed timeline until it reaches resolution.
It’s worth noting that once legal proceedings start, there’s no fixed timeline for how long it will take to reach a resolution. Timelines vary from case to case. Most personal injury lawsuits reach a settlement in just a few weeks. Cases that go to trial could last for years.
Having a lawyer to represent you can simplify and facilitate this complex process.
What kind of experts are required in a professional negligence claim?
It is not enough that a professional was negligent in his duties to claim liability. You need to prove that there was a standard of care and that the said standard of care was not met. Expert evidence is needed to establish the standard of care in the profession in question. These expert witnesses must be qualified to provide an opinion on the matter.
How much do professional negligence lawyers cost?
Lawyers in Ontario don’t charge the same rates. Factors like location, experience, and the complexity of the case will have an impact on the cost.
Depending on the legal services you need, your lawyer may offer you an hourly rate, a flat fee, or a contingency fee arrangement.
Hourly fees of lawyers in Ontario range from $400++ to $600++ per hour depending on your area. You may also be offered a flat fee for a specific scope of services you need for your case.
Most personal injury lawyers offer contingency fee arrangements.
What does contingency-based fees mean? Acontingency fee arrangement means that the lawyer will wait until the case is concluded and gets paid only if the client is paid by a negotiated settlement or an award by the court. If the client loses the case, the lawyer won’t receive payment.
The contingency fee paid to the lawyer is a percentage of the money the client gets which could be from 25% to 35% plus HST.
The best way to know the cost of a lawyer for filing a professional negligence claim is to request free quotes using our short online form.
It won’t cost you anything and you can compare multiple lawyers in your area to handle your case.
File a professional negligence claim with the best Lawyer in your area
You need a very competent lawyer to file a professional negligence claim. He will prepare a strong case to obtain a successful outcome.
Your opponent will do his best to deny any negligence on his part to avoid paying compensation. Your best strategy is to hire an outstanding lawyer to represent you.
You can compare multiple lawyers specializing in civil litigation to find the right one that meets your goals and your budget.
Just fill out our short and no-obligation form to connect with experienced lawyers in your area!