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 Illinois, the law does not typically recognize an implied warranty of quality for the services provided by professionals such as doctors, lawyers, architects, engineers, and dentists in the same way it does for goods. Instead, the quality of professional services is generally governed by the standard of care applicable to the specific profession. If a professional fails to meet this standard, it may give rise to a malpractice claim. Malpractice claims are based on the allegation that the professional was negligent in providing their services and did not act as a reasonably prudent professional would under similar circumstances. Illinois courts rely on case law to determine the standard of care and whether a professional has breached that standard. It is important to note that while express warranties can be made by professionals regarding their services, implied warranties are not typically recognized in the same manner as they are with goods. Therefore, issues of service quality are predominantly addressed through negligence and malpractice jurisprudence rather than through implied warranty law.