A person’s first assumption when they hear the word professional negligence is that it is related to medical malpractice or medical negligence which is not the case. In Ireland, this concept applies to various professionals, including doctors, lawyers, engineers, architects, surveyors, accountants, and other professionals who provide services to the public.
When a professional fails to provide the expected level of care, and this results in harm or loss to their client, the client may have the right to seek compensation for the damages suffered which might lead to a professional negligence case.
The client can make a claim for professional negligence if they can prove that the professional breached their duty of care, causing them to suffer harm or loss.
Bringing a professional negligence claim in Ireland
To establish a claim for professional negligence in Ireland, the client must prove the following elements:
Duty of care: The professional owed the client a duty of care, which means that the professional had a legal obligation to provide services with reasonable care, skill, and diligence.
Breach of duty: The professional breached their duty of care by failing to provide the required standard of care, skill, or diligence. This can include acts of commission, such as providing incorrect advice, or acts of omission, such as failing to take necessary steps.
Causation: The client must show that the breach of duty caused them harm or loss. They must demonstrate that, if the professional had met the required standard of care, the harm or loss would not have occurred.
Damages: The client must have suffered damages as a result of the breach of duty, such as financial loss, physical injury, or emotional distress.
Professional negligence claims can be complex and require the expertise of a solicitor who specialises in this area of law. The claimant must provide evidence to support their claim, and the professional may dispute the claim or argue that they met the required standard of care.
Professional negligence can occur in a variety of professions, such as accounting, engineering, law, architecture or surveyors, medicine, bank, insurance brokers, financial advisors, pension advisors and other advisors in relation to financial related products. In order to succeed in a claim of professional negligence, the applicant bringing the claim (the plaintiff) must typically show that they suffered harm as a result of the professional’s failure to meet the required standard of care.
Clients who suffer harm or loss due to the negligence of a professional may be entitled to compensation. The amount of damages awarded will depend on the circumstances of the case, including the extent of the harm or loss and the impact it has had on the client’s life.
Examples of potential professional negligence include:
- You purchased a financial product that was miss-sold to you by a financial advisor
- The tax you owe was miscalculated by an accountant
- An important deadline is missed by a solicitor
- A defective plan produced by an architect that comes to to light
It can be difficult to determine if a situation qualifies as professional negligence, so it is important to seek legal guidance as soon as possible.
The statute of limitation for professional negligence claims
The Standard time limit is 6 years from the time negligence occurred in professional negligence claims case. If you believe you are unsure as to whether you are still within the time frame to make a professional negligence claim, we are more than happy to advise you on this matter.
Types of professional negligence claims we can handle for you
As one of the country’s leading solicitors for professional negligence claims, our solicitors assist clients in a wide range of areas relating to claims against a wide range of professionals.
We apply a level of professionalism, tenacity and expertise to these cases, provide legal advice and guide our clients through the issues on a step by step basis in relation to their case.
To understand more about your case, please contact us on +353 1264 5555 or fill out our enquiry form below and one of our solicitors will reach out to you as soon as possible.
How can we resolve professional negligence claims for you
Our approach to resolving your professional negligence claim is tailored to what you need to achieve and any specific concerns you may have. Your goals and priorities are always at the heart of the service we offer.
We appreciate that clients when possible will often prefer to seek a solution without resorting to court proceedings. Thus, we offer various options for Alternative Dispute Resolution (ADR) in order to help you reach an out-of-court settlement where appropriate, as well as extensive experience in successfully pursuing court action when necessary.
Our team of professional negligence solicitors is here to help you no matter where in Ireland you’re based.
Our Professional Negligence Solicitors can help you claim for professional negligence. We have friendly and understanding solicitors who are highly experienced in these areas.
Call us now on +353 1 264 5555 to speak to a member of our team.
What our clients say
Step 1. Meeting To Discuss Your Case
To get a better understanding of your case and the injuries you’ve suffered, we’ll organise a consultation with you and the personal injury solicitor best suited to your needs. We can do this over the phone, at our offices or even by video call. We will explain terms such as ‘no win no fee’ and how an injury claim works.
Step 2. Arrange the medical report
Once we’ve assessed your case, we’ll send for your medical reports to be collected from a medical professional.
Step 3. Present the case to the Injury Board
Our highly experienced personal injury* solicitors will put together a detailed and strategic case designed to get you the claim you deserve. We’ll then present this case to the Injury Board.
Step 4. The Injury Board assesses your case
After we’ve presented your case, the Injury Board will assess how much of a *claim you’re likely to win.
Step 5. Decide to accept or reject the offer
As soon as you receive an offer from the injury board, our solicitors will give an honest assessment into how fair they think it is. This will help you decide whether or not to accept it.
Step 6. You receive your *Claim / Go to court
If you choose to accept the offer, an “order to pay” will be sent to the other party and you’ll receive your *claim. If you choose not to accept the offer, our personal injury* team will prepare your case for court.
Gibson & Associates LLP is one of Ireland’s leading law firms. No matter your situation, our team will use their experience to make sure that you benefit from the best possible outcome.
We put our clients at the heart of everything we do and work tirelessly to get the best results.
We treat clients and each other the way we’d like to be treated and for us “good enough” just isn’t good enough!
We’re fast and responsive
When you make contact with our team, you’ll hear back from us within 3 hours or less – that’s our promise.
We use clear simple language
We don’t try to impress with “legalese” and jargon. We use clear, plain language.
We give you a dedicated point of contact
The person responsible for your case will never change. You’ll be assigned a dedicated point of contact who will take charge of your case from start to finish.
At Gibson & Associates LLP, we’re clear about our processes and transparent when it comes to costs.
Before progressing any case, we offer a no-obligation consultation with our client care team and will provide you with practical options.
Integrity and transparency are core to how we work with all of our clients and means we’ll always treat your case as if it was our own.
Why Choose Gibson & Associates LLP?
You and your circumstances are unique – your solicitor should be too. You will be assigned a dedicated point of contact who will take charge of your case from start to finish – this person will never change.
Our solicitors put their clients at the heart of everything they do and work tirelessly to get you the best results. We treat clients the way we would like to be treated – for us, ‘good enough’ just isn’t good enough! Call us now on +353 (0)1 264 5555.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.