Professional negligenceEven if you are not able to argue that there is an implied duty of reasonable skill contained in the contract, under the case of Hedley Byrne v. Heller where someone provides a specialist service to a third party and it is reasonable to rely on that person’s expertise and skill, the third party will be able to claim for professional negligence if the service provider fails to act with the same standard of care as a reasonably competent person possessing the same special skill.
What kind of actions can constitute breach/negligence?There are a large number of actions (or failures to act) which can result in liability either in contract or professional negligence. However, some of the most common are:
- Failure to diagnose or misdiagnosis
- Failure to administer proper treatment in a timely manner
- Failure to respond adequately to an emergency call
- Failing to keep up to date with changes in best practice
- Use of outdated or discredited techniques, procedures or medication