Professional Liability

When a professional engagement becomes a dispute

 

You believe you've suffered harm. A neglected task, a missed deadline, a disputed consultancy or project: we reconstruct what was entrusted to the professional, the choices made, and the concrete consequences.

 

You've received a dispute. We'll review the charges, documents, and possible defenses. We'll also review your policy, claim report, and communications with the insurance company.

 

The initial assessment is needed to understand the strength of the position and the alternatives. Each assignment begins with the identification of the client and the assessment of conflicts of interest.

 

Three questions before deciding

 

What did the assignment include? The assignment letter, estimate, instructions, and correspondence allow us to reconstruct the obligations assumed, the excluded activities, and the decisions entrusted to the client. The available information and warnings given during the relationship also play a role.

 

What conduct is being challenged? We compare what was due with what was actually done. A negative outcome requires verification: it alone does not demonstrate professional misconduct. When necessary, we coordinate the legal analysis with the assistance of a technical consultant.

 

Which consequences are demonstrable? We distinguish between expenses, economic losses, and remediation costs, verifying their connection to the conduct. If the loss of an opportunity is anticipated, we assess its significance without presenting a merely possible outcome as certain.

 

From assessment to action

 

The work may include gathering the file and obtaining clarifications, formulating a reasoned request, discussing the matter with the professional, and managing the dispute. We evaluate available evidence, deadlines to be preserved, costs, and risks before choosing a course of action.

 

Negotiations and judgments require informed decisions. If there are gaps in the documentation or weaknesses in the position, we address them in consultation with the client. Any responsibilities of multiple parties are examined separately.

 

Liability and insurance

 

The professional's liability and the effectiveness of their policy are two separate issues. We examine the conditions, exclusions, coverage limits, and relevant dates; the presence of coverage does not mean the claim is recognized.

 

Insurance coverage, claims, and litigation →

 

An example: project and additional costs

 

After a project assignment, additional work and new costs emerge. The review must clarify whether they were foreseeable, included in the assignment, and communicated, or due to variations or unforeseeable conditions associated with the requested activity. The technical assessment helps distinguish these situations.

 

This is an illustrative example: the increase in cost, by itself, does not allow us to attribute responsibility or quantify the compensable damage.

 

What to bring to the first meeting

 

The professional relationship. Assignment, estimates, drawings, instructions, documents submitted, and complete correspondence.

 

The consequences. Payments, expenses, documents received, and documents useful for reconstructing the alleged damage.

 

A basic chronology. Dates of the events, when you learned of them, actions already taken, and any deadlines. If you are the professional receiving the complaint, also include the policy and communications to the insurance company.

 

Frequently asked questions

 

Can I write even if I don't have all the documents?
Yes. A few lines are enough to explain the situation. In our initial discussion, we identify what's missing and the limitations of an assessment that is still incomplete.

 

Is a second critical opinion enough?
This is a starting point. It must be translated into verifiable findings, the professional's obligations must be reconstructed, and the conduct must be linked to the damages claimed.

 

Does the incident involve a doctor or a healthcare facility?
Follow the path dedicated to medical and healthcare responsibility, which requires attention to clinical documentation and medico-legal evaluation.

 

Specialist experience. A direct point of contact.

 

Attorney Paolo Fortina · Profile and professional background →

 

To begin, tell us what happened and outline the deadlines. The initial meeting helps us focus on the facts and activities to be evaluated.

 

Tell us about your situation →

 

Contracts and Obligations · Personal Injury and Compensation