Professional malpractice vs. breach of contract

When a professional lets you down, it is not always clear whether you have a professional malpractice claim, a breach of contract claim or both. Although these claims can overlap, the difference between them can affect how you move forward.

Here are the key distinctions to help you better understand what may apply to your situation.

Breach of contract

A breach of contract happens when someone does not meet the terms of an agreement. For example, you may have hired a professional to complete specific work by a certain date or provide particular services, but they failed to follow through.

Not every broken promise amounts to professional malpractice. In many cases, the issue is whether the professional delivered what they agreed to under the contract, not whether their work met the standards of their profession.

Professional malpractice

Professional malpractice occurs when a licensed professional fails to provide the level of care and skill that others in the same profession would reasonably provide. The focus is not simply on whether you were unhappy with the outcome, but on whether the professional acted negligently.

For example, an attorney who misses an important filing deadline or an accountant who overlooks critical tax requirements may have done more than break an agreement. Their actions could fall below the accepted professional standard of care.

When the two overlap

Some situations involve both a breach of contract and professional malpractice. A professional may fail to fulfill the terms of your agreement while also providing services that fall below accepted professional standards.

In Maryland, the facts of your case often determine which legal claims may apply. Looking at the contract alone does not always provide the full answer because courts may also consider whether the professional met the standard of care expected in their field.

Discuss your situation with an attorney

Understanding the difference between these claims can help you ask the right questions about what happened and what options you may have. If you believe a professional’s actions caused you harm, seek legal assistance as soon as possible. An attorney can review your circumstances, explain which type of claim may apply and help you decide what steps to take next.