Personal Injury & ICBC Claims

Professional Negligence Claims

Professional negligence claims can arise when a person has suffered loss or injury because a person, holding themselves out as an expert in their field, did not meet the standards expected of a person in their profession. Negligence claims are typically brought against hospitals, physicians, dentists, engineers, architects, insurance agents or brokers, accountants and lawyers. These claims may be straightforward but are often difficult and protracted because of the technical nature of the matters involved. Depending on the nature of the case, the fact that a mistake may have been made, of itself may not be determinative, as the courts make a distinction between a professional “error in judgement”, and actual “negligence”. In general, an error in judgement by a professional will be excused by the courts as long as that professional met the standards of a prudent and diligent member of that profession in exercising his or her judgement. As well, even if a professional acted negligently, a person must show that the negligence was a cause of the loss or injury that occurred.

If you feel that you have suffered a loss because of the negligence of a professional person, it is advisable to seek legal advice as soon as possible.