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 Louisiana (LA), the provision of professional services by doctors, lawyers, architects, engineers, and dentists is generally governed by the professional's duty to meet the standard of care expected within their specific profession. While Louisiana law does not explicitly recognize an 'implied warranty' for the quality of professional services in the same way as it does for goods under the Uniform Commercial Code, clients or patients may still have recourse through malpractice claims if they believe a professional has failed to provide services that meet the required standard of care. Malpractice claims are based on the allegation that the professional was negligent and did not act as a reasonably prudent professional would have under similar circumstances. These standards are derived from Louisiana's case law and statutory law, including the Louisiana Medical Malpractice Act for healthcare providers and the Louisiana Professional Engineering and Land Surveying Board (LAPELS) for engineers. It is important to note that the specifics of malpractice claims can be complex and may vary depending on the details of each case and the professional field in question.