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 Massachusetts, the provision of professional services by doctors, lawyers, architects, engineers, and dentists is generally governed by the standard of care expected within those professions. While there may not be an explicit warranty or guarantee regarding the quality of services, there is an implied warranty that these professionals will perform their services with the skill and care that is customary in their respective fields. This is rooted in common law principles of professional negligence or malpractice. If a professional fails to meet the standard of care, they may be held liable for malpractice. Massachusetts law does not typically allow professionals to disclaim this implied warranty of skill and care. Therefore, if a professional's service is found to be substandard, they can be held accountable through a malpractice claim, which would require the claimant to prove that the professional failed to act as a reasonably prudent professional in similar circumstances would have. It's important to note that specific statutes and regulations may also apply to certain professions, further defining the standards and responsibilities of professionals in Massachusetts.