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 Maryland, the law recognizes that professional service providers, such as doctors, lawyers, architects, engineers, and dentists, are expected to perform their services with a certain level of skill and care. While there may not be an express warranty or guarantee regarding the quality of services, there is an implied warranty that these professionals will deliver services consistent with the standards of their profession. This means that they are expected to perform their duties in a manner that a reasonably prudent professional in the same field would under similar circumstances. If a professional fails to meet this standard, it may give rise to a malpractice claim. Malpractice claims are based on the professional's negligence in failing to meet the standard of care. In Maryland, the inability to disclaim implied warranties for professional services is not explicitly addressed in the statutes, but the principles are derived from common law. Therefore, if a professional attempts to disclaim such an implied warranty, the validity of such a disclaimer would likely be assessed on a case-by-case basis, considering the established common law precedents.