Professional Negligence - Dublin
Everything You Need to Know

Negligence is often unintentional and mainly occurs due to carelessness by professionals. On the other hand, malpractice is whereby a professional intentionally decides to hurt a certain client through ill practice.

Upon taking your case up with the civil courts, a professional can choose to defend themselves in three different ways.

1. Contributory negligence

Contributory negligence is a major defence against professional intelligence. The law states that a plaintiff cannot get compensated if they had a part to play in the mistake that caused the damage.

For example, two cars ram into each other. One of the drivers gets injured and puts up a compensation case. However, upon further investigations, it’s discovered that one of the drivers was drunk while the plaintiff was speeding.

In this case, both contributed to the accident, and may not qualify for compensation because of their contributory negligence.

2. Comparative negligence

Comparative negligence defence is deemed fairer than contributory negligence. In this defence, the plaintiff is entitled to some form of compensation depending on the degree of their fault. For example, if a plaintiff was responsible for about 30 percent of the mistake, they can still claim 70 percent of the damages.

3. Assumption of risk

A professional sued can defend themselves based on the assumption of risk. This means that if a client voluntarily consents to an action that results in harm, they aren’t entitled to compensation.

The term voluntarily implies that a client had a different option but instead decided to follow what caused the damage. However, if a client didn’t choose to avoid the ill that befalls them, they cannot assume the risk.

In this defence, risk can either be implied or expressed. Implied risk is assumed in the case where the plaintiff is fully aware of the dangers involved in taking specific actions. However, the plaintiff goes ahead to apply in the full knowledge that danger can befall them. Implied risk is often seen in the sports industries, where players are aware of dangers but still participate.

Expressed risk is whereby the complainant verbally, written, or any other expressed form consents to an activity. For expressed risk, the plaintiff is assumed to have full knowledge of the dangers of participating in certain activities.

You can insure yourself against professional negligence claims. Professional liability insurance can help you mitigate against risks of getting sued by clients as a professional. Errors and omissions are at times unavoidable, but in such a case, you can get protection.

Professional Negligence versus Ordinary Negligence Claims of professional negligence can cost your business money and destroy the reputation of your firm. But is it professional negligence or just ordinary negligence?

Ordinarily, a business or individual is bound to make mistakes. For instance, a business can cause financial or physical harm to others. Often the damage comes as a result of a business not taking proper actions to avoid harming others. These are cases of visitors slipping on wet floors and such accidents.

For a mistake to qualify for a professional negligence claim, the client must have hired a professional for their unique skills. In this case, the professional needs to ensure a standard of care so that their actions don’t harm the clients.

The LRSA is an independent body largely consisting of lay members and a small number of solicitors.

If the LRSA believes that a solicitor’ in this case the defendant,  misconducted themselves, a public hearing may be held. Presentation of evidence is done orally. After the LRSA hearing, the case may be taken to the High Court for adjudication. It is the courts that then determine whether the solicitor is guilty of misconduct and/or negligence.

The Irish law allows for alternative methods to settle cases without enduring lengthy court proceedings. These alternate methods are becoming quite popular these days.

Alternative dispute resolution is a way of helping the plaintiff and the defendant to resolve their issues without involving the courts. Usually, ADR is the first step of the litigation process and helps save on time and legal costs.

In this type of settlement for professional negligence claims, none of the parties is obligated to use it. Upon receiving the proposal for an out of courtroom settlement, a party has 14 days to either agree or disagree with the request. The party should also return the proposal with reasons why they agree to or disagree with the proposal.  The main types of ADR include mediation, arbitration, expert determination, and adjudication. None of these methods are legally binding until a settlement is made to the aggrieved party.

Yes, you need a solicitor to guide you in presenting your case against a professional whose actions hurt you physically, emotionally, or financially.

Our firm offers the best expert help to individuals seeking to sue a professional for negligence. In order to win your case, you will need a report from an independent expert who confirms that there has been a breach of the duty of care owed to you, and that you have sustained losses as a result of that breach.