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 Minnesota, 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 standard is determined by what a reasonably prudent professional with similar training and experience would do under similar circumstances. If a professional fails to meet this standard, it may result in a malpractice claim. Minnesota law does not explicitly recognize an implied warranty of quality for professional services in the same way it does for goods; rather, the focus is on whether the professional acted with the requisite level of care and skill. Any warranty or guarantee of the quality of services would likely be derived from the expectations established by the profession itself, rather than from a statutory implied warranty.