Professional Negligence Claims

A professional is expected to exercise a reasonable degree of skill and care in his/her work. Where a professional fails to do so and the client suffers a loss as a result, then the client may be entitled to claim for that loss.

In order to claim a loss it is necessary to prove that the negligent act actually caused the loss. In addition you must prove that the defendant could have for seen that a loss would follow from the negligent act.

How do I prove that a professional was negligent?

To recover damages it is generally necessary to find another member of the profession who, having considered all the facts, is prepared to write a report and if necessary, give evidence that the advice given or work done by the professional was not of an acceptable standard.

What damages are recoverable?

Damages traditionally awarded by the courts are known as common law damages. The general principle for awarding losses is that the claimant should be restored by an amount which would put him/her into the same position had the negligence not occurred.

Heads of Damages:

1. General Damages - For pain and suffering, permanent disability and loss of enjoyment of life.
2. Medical Expenses - All medical expenses reasonably incurred as a result of the negligence. In addition the court may award a lump sum to cover medical expenses in the future.
3. Economic Loss - Calculation of loss of earnings to the date of the hearing, net of tax. The court may also award a lump sum for future loss of earnings.
4. Care - Whether care was provided on a commercial basis or without charge by family members or friends, the plaintiff is entitled to recover the commercial cost of that care. In addition the court may award a lump sum for care in the future.

What are the costs involved in pursuing an action for professional negligence?

At Gerard Malouf & Partners we will take most matters on a speculative basis. This means that the firm will not make a claim for professional costs nor expenses incurred unless the claim is successful. However, it will be necessary to obtain an expert opinion from a professional in the same field as the negligent person and usually an advance payment is required.

If you are successful and you obtain a costs order against the negligent party, you will only be able to recover part of your legal costs. If you are unsuccessful, you may be ordered to pay the legal costs of the person you have sued.

Is there a limitation period for commencing proceedings in professional negligence matters?

In the case of personal injury as a result of the negligent advice by a Hospital or Medical Professional, proceedings must be commenced within three years of the surgery. There is an extension of time available.

In a case of professional negligence where the damage consists of pure economic loss, the relevant limitation period is six years from the time when the damage is suffered. There is no extension of time available.

Take The Next Step

At Gerard Malouf & Partners we offer a service of the first consultation free to ascertain details of your claim & explain our services that only require payment if the action we undertake on your behalf is successful.