Professional Negligence In UK Law

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By Simon P Jennings

In order to look after the civil rights of every human being living in a civilisation, and to guarantee that each person executes his/her responsibility with appropriate conscientiousness, a structure of law is constructed to form rules. If this is not formed, every individual would be compelled to do as they wish, and take advantage of other people by their power.

Under the section of Negligence, a set rule of professional negligence in the English system is controlled, which deals with all cases within this sector. Professional negligence is concerned with the carelessness of professionals in their field, and who are responsible for providing service to their clients, as per the licence they have acquired for their profession.

A case is charged against a person if he breaks the set standards of the law upon which, a person is accused of professional negligence. Any professional is bound to work with pure commitment, and attentiveness in his profession, and take care of his clients. These standards are based on the common practise, behaviour, and conduct of the profession, which is being examined.

An example can help in explaining this term further. We take an instance of a doctor who made the mistake of diagnosing his patient wrongly and gave him the wrong medication, which resulted in the patient suffering more. If such things occur, by law the patient has full right to sue the doctor, and file a case for professional negligence against him. If proven guilty, the doctor is charged, and has to face the consequences.

Although there are many types of negligence, but when it comes to professional negligence, the most common and complicated is the medical negligence. Most of the cases charged in the negligence section are of medical negligence. The case requires many data to be solved, which includes the medical history of the complainant, and the type of medical treatment he was getting by the doctor, or hospital.

Another prominent type of professional negligence is legal negligence. Solicitors and practitioners of law offer professional legal advice to their clients, and offer to handle their cases with full devotion and diligence.

However, if in any case a person feels that the practitioner of law has not guided him completely, has in any way mislead him, he/she can file a suit against the professional, and make him/her pay for the loss caused by such negligence.

With all these elaborations, we can understand that any professional who is required to follow certain guidelines in his service, failing to do so, will be charged a case of professional negligence. All verdicts and decisions by the law are made based on their professional history or by the data collected by parties to prove their point. If the defendant is proved guilty, he is bound to pay off a return in the form of money to his client, or can even lose his licence, depending on the intensity of his negligence.

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