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 Kansas, the concept of implied warranties in professional services is not as clearly defined in statutes as it is for goods. Instead, the quality of professional services provided by doctors, lawyers, architects, engineers, and dentists is typically governed by the professional's duty to meet the standard of care for their profession. This means that professionals are expected to perform their services with the skill and care that is reasonably competent and customary for professionals in that field under similar circumstances. If a professional fails to meet this standard, it may result in a malpractice claim. Malpractice claims are based on allegations of negligence where the professional's conduct fell below the accepted standard of care, causing harm to the client or patient. Kansas does not have a specific statute that addresses implied warranties in professional services, so these issues are generally dealt with through malpractice law as interpreted by Kansas courts.