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 Iowa, the concept of implied warranties in professional services is not as clearly defined in statutes as it is for goods. Generally, professional services provided by doctors, lawyers, architects, engineers, and dentists are subject to a standard of care that is expected from reasonably competent professionals in the same field. If a professional fails to meet this standard, it may result in a malpractice claim. Malpractice claims are based on the professional's negligence and the failure to provide services that meet the professional standard of care. While Iowa law does not explicitly recognize implied warranties in professional services, the quality of these services is typically assessed through the lens of professional negligence rather than warranty law. It is important to note that specific cases and outcomes can be influenced by court opinions, which contribute to the common law in this area.