Professional negligence is where a professional fails to exercise the care and skill expected of them, and that failure causes you loss. We act for clients pursuing negligent professionals, and for professionals and their insurers responding to claims. These matters turn on duty, breach, causation and loss, and they are subject to strict time limits. We advise from our offices in Newcastle, for clients across the Hunter and NSW.
How we help
We assess the claim hard and pursue or defend it efficiently. We:
- Advise on whether a professional owed you a duty and breached the required standard.
- Quantify the loss caused by the negligence and the prospects of recovery.
- Pursue claims against professionals and their insurers, by negotiation or in court.
- Defend professionals against allegations, working with their insurer.
Why clients choose Mullane Lindsay
Our professional negligence work draws on our litigation team, led by Director Kristy Nunn and Special Counsel David Collins, and our insurance experience acting for insurers, professionals and claimants. Where a claim forms part of a wider commercial dispute, we run both together. Backed by the firm since 1976, we give a clear, realistic view of prospects and costs before you commit.
What do you have to prove?
A professional negligence claim generally requires four things: that the professional owed you a duty of care, that they breached the standard of care expected of a reasonable professional in their field, that the breach caused your loss, and that the loss is recognised by law. Expert evidence about the proper standard is often required, and the claim is usually met by the professional’s indemnity insurer, which shapes how it is run.
