Professional negligence is a breach of the duty of care between professionals and their clients. It occurs when a professional fails to fulfill their professional duties or meet the standards of their profession, resulting in harm or loss to their client. Professional negligence is a subset of the general rules on negligence in English law. It is also known as malpractice.

The duty of care is a common law arrangement where the client expects a level of professionalism and standards of care commonly held by those in the profession. Professions that require certifications and/or licensing to become a professional in a particular industry possess a code of ethics and standards of care which the public relies upon in the engagement of professional services.

Claims of professional negligence can cause severe financial and reputational damage to any business, even if the business ends up winning the case. Such claims can be very complex and can take a long time to resolve, which often leads to high legal costs. To protect against such claims, businesses can purchase professional liability insurance, also known as errors & omissions insurance, which will provide financial protection from claims of negligence, malpractice, errors, and omissions that occur while providing professional services to clients.

To establish a claim of professional negligence, the following elements must be established:

• Duty owed the client
• Breach of duty owed the client
• Foreseeability
• Causation
• Injury
• Damages

Professionals acting in various capacities on behalf of their clients, including financial advisors, accountants, trustees, custodians, bankers, insurance agents, and general contractors, can be sued for professional negligence.