Civil Litigation & Disputes: Professional Negligence
The Civil Litigation & Disputes practice area focuses on resolving disagreements between people or businesses in a court of law. One important part of this area is Professional Negligence, which deals with situations where a professional fails to meet the standard of care expected in their field, causing harm or loss to a client.
What is Professional Negligence?
Professional negligence occurs when a professional, such as a doctor, lawyer, accountant, or architect, does not perform their duties to the expected standard. This can lead to serious consequences for their clients. For example:
- Medical Negligence: If a doctor fails to diagnose a serious illness, and the patient suffers as a result, the doctor may be held responsible.
- Legal Negligence: If a lawyer misses a crucial deadline in a case, causing their client to lose the chance for a fair trial, the lawyer could be liable for damages.
- Accountancy Negligence: If an accountant makes a significant error in financial statements, leading to financial loss for a business, they may face a negligence claim.
How Does it Work in New Zealand?
In New Zealand, if you believe a professional has been negligent, you can seek legal advice to understand your options. The process usually involves:
- Gathering Evidence: Collecting documents, records, and any other information that supports your claim.
- Consulting a Lawyer: A lawyer who specialises in civil litigation can help you assess your case and guide you through the legal process.
- Filing a Claim: If you decide to proceed, your lawyer will help you file a claim in court, outlining how the professional's negligence caused you harm.
Why is it Important?
Addressing professional negligence is crucial because it holds professionals accountable for their actions. It also helps ensure that standards are maintained in various professions, protecting the public from harm. If you feel you have been wronged by a professional, seeking legal advice can help you understand your rights and options.
In summary, the Civil Litigation & Disputes practice area, particularly in professional negligence, plays a vital role in ensuring that professionals in New Zealand uphold their duties and responsibilities. If you have concerns about a professional's conduct, don't hesitate to seek help.