In professional services such as those provided by doctors, lawyers, architects, engineers, and dentists, there may be a warranty or guarantee of the quality of the services made or implied by law even when there is no express warranty written or stated. And in some states implied warranties cannot be disclaimed by the service provider.
Laws vary from state to state and some state laws recognize implied warranties in professional services and some do not. In states that do not recognize implied warranties in professional services, claims regarding the quality of professional services are generally analyzed as malpractice claims based on the professional’s alleged negligence in failing to meet the standard of care—generally a reasonably prudent and capable professional for the particular profession under the same or similar circumstances.
Laws regarding implied warranties in the provision of professional services may be located in a state’s court opinions (common law or case law) or in its statutes.
In Texas, the provision of professional services by doctors, lawyers, architects, engineers, and dentists is generally governed by the standard of care expected within those professions rather than by implied warranties. Texas law does not typically recognize implied warranties in the provision of professional services. Instead, issues related to the quality of professional services are often addressed through malpractice claims. These claims are based on allegations that the professional failed to meet the standard of care, which is defined as the level of competence, skill, and diligence that is reasonably expected of a prudent professional in the same field under similar circumstances. Malpractice claims are assessed on a case-by-case basis, taking into account the specific facts and the applicable professional standards. Statutory law may provide specific requirements for certain professions, but the general approach to quality of service is through the lens of negligence and professional malpractice rather than warranties.
