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Professional Negligence

Professional negligence, often referred to as professional malpractice, is a specialized area of law that deals with cases where professionals fail to meet the expected standard of care in their respective fields, causing harm or financial loss to their clients. As professionals, we know how important it is to make sure that our clients are receiving services at the level that they deserve. If you believe you have been harmed by professional negligence, call us and we will help you determine whether or not you have a claim.

Understanding Professional Negligence

Professional negligence occurs when individuals, such as doctors, lawyers, accountants, architects, engineers, or other professionals, fail to provide services up to the standard expected within their industry. This breach of duty can lead to significant harm or financial loss to their clients or patients.

Elements of Professional Negligence

To establish a professional negligence claim, certain key elements must be present:

  • Duty of Care: The professional must owe a duty of care to the client or patient, which is typically established when a professional-client relationship exists.

  • Breach of Duty: The professional must have breached their duty of care by failing to meet the industry-standard level of skill and care. This is often established by expert testimony.

  • Causation: The breach of duty must be the direct cause of the harm or financial loss suffered by the client or patient. This causal link is crucial in professional negligence cases.

  • Damages: The plaintiff (injured party) must demonstrate that they suffered actual damages as a result of the professional’s negligence. These damages can be financial, physical, or emotional.

Common Examples of Professional Negligence

Professional negligence can manifest in various forms across different industries:

  • Medical Malpractice: Physicians, nurses, and healthcare providers can be liable for misdiagnosis, surgical errors, medication mistakes, or inadequate patient care.

  • Legal Malpractice: Lawyers may be held accountable for errors in legal representation, such as missing filing deadlines, failing to provide competent legal advice, or mishandling client funds.

  • Accounting Malpractice: Accountants and financial professionals can face claims for negligent financial advice, fraudulent accounting practices, or failure to detect financial irregularities.

  • Architectural and Engineering Malpractice: Architects and engineers can be sued for design flaws, construction defects, or inadequate supervision leading to structural failures.

Professional Liability Insurance

Many professionals carry professional liability insurance, also known as errors and omissions (E&O) insurance. This insurance provides financial protection in case of a professional negligence claim. It covers legal fees, settlements, and judgments related to claims against the professional.

Seeking Legal Recourse

If you believe you have been a victim of professional negligence, it’s crucial to consult with an experienced attorney specializing in this area of law. Kaminsky Law can help you evaluate your case, gather evidence, and navigate the complex legal process.

Professional negligence is a legal practice area that holds professionals accountable when they fail to meet the expected standard of care in their respective fields. Understanding the key elements of professional negligence claims, common examples across industries, and the importance of seeking legal recourse is essential for individuals who have suffered harm or financial loss due to professional malpractice. If you believe you have a valid professional negligence claim, call us at 215-876-0800, fill out the contact form, or send us an email to  


Professional negligence is when a professional breaches their duty of care, causing harm. In PA, it’s defined as a failure to meet the standard of care expected in the profession.

To prove professional negligence in PA, you need to show duty of care, breach, causation, and damages resulting from the professional’s actions.

In PA, the statute of limitations for filing a professional negligence lawsuit is typically two years from the date of the alleged negligence.

Yes, you can sue multiple professionals if they were all involved in the same act of negligence that caused your harm.

Various professionals, such as doctors, lawyers, accountants, architects, engineers, and others, can be held liable for professional negligence in PA.

The “standard of care” is the level of skill and care expected in the profession, and it’s applied to determine if a professional acted negligently in PA.

Yes, you can seek damages for emotional distress in a professional negligence lawsuit if it resulted from the negligence and caused you harm.

Defenses against negligence claims in PA may include lack of duty, no breach of duty, no causation, or comparative negligence on the part of the plaintiff.

Signing a contract with a professional does not necessarily prevent you from pursuing a professional negligence claim in PA.

Anton Kaminsky, Kaminsky Law's founding partner, is an aggressive and creative lawyer that takes a modern approach to business, personal injury, and employment litigation

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Kaminsky Law is a small business-oriented litigation Law firm licensed in Pennsylvania and New Jersey with cost-effective approach to lawsuits, settlements, and dispute resolution.