The system of law is developed to establish rules, and regulations to protect the rights of every individual living in a society, and also ensure that each individual performs his/her duties with due diligence. Without a system of law, people would do as they want and the strong will take benefit from the weak suppressing all the rights
of the weak.
Professional negligence in the English system of law is treated under the section of Negligence, and all cases are dealt within the light of the Negligence section. By professional negligencewe mean negligence on part of a professional, who by act or by word shows that he is a licensed professional with authority to render some services, inrendering services to his clients.
In most cases, the case charged to the defendant is of breach of duty, where duty being performance of contract with care and proper devotion as is required by a professional of such degree. The standards are set by common practice, and are used as a benchmark to test whether professional-negligence is in fact the case or not. These standards actually are being based on a common practice, traditions and customs of a profession under the consideration.
Professional negligence essentially can be explained by an assistance of the example. Suppose the doctor because to any reason doesn’t examine a patient with a care, and then makes a wrong diagnosis with the results in disastrous results for a patient, then in this case, the patient can sue the doctor for professional negligence, and the doctor would be charged to make good the loss suffered by the patient.
Mostly medical negligence is considered when it comes to professional negligence. Although there are other types of negligence claims, medical negligence is the most complicated, and is also the most common form of professional negligence. In cases of medical negligence, the case is decided basing on solid medical facts, as in most cases, full medical history of the claimant, and the record of medical treatment are available.