Professionals are persons who have obtained specialized training in a particular field and provide services to their clients or patients. As a result of their training, they are expected to preform their services at a certain level of competence, or "standard of care". Furthermore, the conduct of each group of professionals are monitored by a regulating body. Such regulating bodies include the Law Society of British Columbia and the College of Physicians and Surgeons.
While a professional can not be expected to guarantee a favourable outcome for his or her client or patient, the professional must perform their services or treatment at a level of competence that meets the acceptable standard of care. Should they fail to meet that standard, they will have been negligent and potentially liable to compensate their client or patient for any injury or losses suffered as a result of their negligence.
Who are Professionals?
While we often think of professionals as doctors and lawyers, the list of persons who are considered professionals is quite long. Professionals include:
• Doctors
• Dentists
• Lawyers
• Accountants
• Engineers
• Architects Surveyors
• Investment Advisors
• Realtors
What is the "Standard of Care"?
The "standard of care" is the standard against which any given professional will be judged in determining whether or not they have been negligent in carrying out the services or treatment for which they were retained. It will vary depending on the nature of the profession and the particular circumstances of the professional within his or her profession. For instance, a physician who is a specialist practicing in a large urban centre will be held to a higher standard than a general practitioner practicing in a remote community. The applicable standard of care in any given case is determined based on the opinions of independent experts qualified to practice in the field of the professional in question.
Compensation
If the services or treatment provided by a professional fell below the standard of care for that professional, the client or patient may be entitled to compensation for any loss, damage or injury they have sustained as a result of the professional's negligence.
What options are available to clients or patients if they fell their professional has been negligent?
There are primarily two options available to you:
• you can commence proceedings in court seeking compensation; and/or
• you can make a formal complaint to the professional's regulating body.
Legal Action
Legal action is commenced in order to obtain compensation for any losses, injury or damages sustained as a result of a professional's negligence. In order to be successful in any such court proceedings the client or patient must establish that:
• the services or treatment you received from the professional was negligent (that is it fell below the applicable standard of care);
• the client or patient has suffered some loss, damage or injury; and
• the loss, damage, or injury was as a result of the negligent services or treatment.
The successful prosecution of any such proceeding requires the collection, organization and presentation of all relevant forms of evidence as well as obtaining formal expert opinions from qualified professionals who practice in the same field as the professional in question.
Formal Complaint to Regulating Body
An unhappy client or patient can also make a complaint to the appropriate regulating body. While the regulating body has the ability to investigate the professional and, if appropriate, reprimand him or her, it does not have the authority to award compensation to the injured party.
Our Team
At DuMoulin Boskovich LLP we have a number of lawyers experienced in the area of professional negligence who have prosecuted and defended cases against various types of professionals. Our lawyers and support team are able to:
• analyze the relevant issues,
• organize the necessary evidence,
• retain the appropriate experts,
• negotiate a favourable settlement, and
• if necessary, prosecute or defend the matter at trial.
If you have any concern that the treatment or services you have received from a professional may have been negligent, causing you some injury or loss, or if you are a professional against whom a claim is being made, please call us to arrange for a consultation with one of our team.
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