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 Connecticut, the provision of professional services by doctors, lawyers, architects, engineers, and dentists is generally governed by the standard of care expected within those professions. While there may not be an express warranty or guarantee regarding the quality of services, there is an implied warranty that these professionals will perform their services with the skill and knowledge that is commonly possessed by members of their profession in good standing. If a professional fails to meet this standard, it may give rise to a malpractice claim. In Connecticut, malpractice claims are typically based on allegations of negligence, where the professional is accused of not exercising the degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession. The laws regarding implied warranties and malpractice in Connecticut can be found in both statutory law and case law (common law). It is important to note that while some states may allow professionals to disclaim implied warranties, the ability to do so may be limited by Connecticut law and professional ethical rules.