What does professional negligence refer to in relation to a person with professional training?

Professional negligence, particularly in the context of individuals with professional training, is fundamentally about the failure to act in a reasonable and prudent manner that a similarly trained professional would in the same circumstances. This concept revolves around the duty of care that professionals owe to their clients or the public, reflecting the standards of conduct expected from individuals in their specific fields.

When professionals do not meet these standards, it can result in harm or damage that is legally actionable. For example, if an architect does not follow the necessary guidelines in constructing a building and it results in structural failure, this could be deemed professional negligence because the architect failed to uphold the standard of care expected in their profession.

In contrast, acts of willful misconduct imply intentional wrongdoing and are not simply about negligence; they suggest a deliberate choice to act improperly. Failure to keep accurate records or inability to follow industry standards could relate to negligence, but they are not the essence of professional negligence itself as they may not always directly correlate to failing the standard of care expected. Thus, the core definition of professional negligence focuses squarely on the lack of reasonable and prudent action by a professional.