Tuesday, April 14, 2009

Negligent professionals - sharing the blame

If you are sued for professional negligence, one idea that you should consider is whether or not there are others to blame for any negligence. Sometimes, negligence may be due not to your personal carelessness, but that of an employee.

Can you and should you sue him?

Well, employees are impliedly required to take reasonable care in the course of their employment duties. So you can use the employee for breach of contract.

Whether you should sue is another question. Suing employees except in the most obvious cases is not something that will promote good relations with your staff. So this is not something you may wish to do.

On the other hand, if you have professional indemnity insurance, and the insurer covers your liability, you may find that your insurer has the right to sue your employees. The legal term "subrogation" states that once the insurer has paid for the loss, he steps into the shoes of the insured customer, and takes over this party's rights. So far as I know, this has not happened in Singapore yet.

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