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 Florida, the concept of implied warranties in professional services is not as clearly defined as it is for goods. Generally, there is no statutory implied warranty for services provided by professionals such as doctors, lawyers, architects, engineers, and dentists. Instead, the quality of professional services is typically addressed through the lens of professional malpractice. Malpractice claims are based on the premise that a professional has failed to meet the standard of care that a reasonably prudent professional in the same field would provide under similar circumstances. This standard is determined by the common law, which is developed through court opinions over time. Florida law requires that professionals perform services with a reasonable level of skill and care that is customary in the profession. If a professional fails to meet this standard, they may be held liable for negligence. It is important to note that specific circumstances and recent legal developments may affect the application of these principles, so consulting with an attorney for current and personalized legal advice is recommended.