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 Idaho, the concept of implied warranties in professional services is not as clearly defined as it is for goods. Generally, professional services provided by doctors, lawyers, architects, engineers, and dentists are not subject to the same types of warranties that might apply to products. Instead, the quality of professional services is typically addressed through the lens of professional malpractice. Malpractice claims arise when a professional fails to meet the standard of care that a reasonably prudent professional in the same field would exercise under similar circumstances. Idaho does not have specific statutes that establish implied warranties for professional services, so these issues are primarily governed by case law. If a professional in Idaho fails to provide services that meet the requisite standard of care, a client may pursue a malpractice claim rather than a breach of warranty claim. It is important for individuals to consult with an attorney to understand the specific legal remedies available in cases of alleged professional negligence.