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 New York, the concept of implied warranties in professional services is not as clearly defined as it is for goods. Generally, there is no statutory implied warranty for services provided by professionals such as doctors, lawyers, architects, engineers, and dentists. Instead, the quality of professional services is typically addressed through the lens of professional malpractice. Malpractice claims are based on the premise that a professional has breached the standard of care, which is the level of competence, skill, and diligence that is reasonably expected of a similarly situated professional in the same field under similar circumstances. If a professional fails to meet this standard, they may be held liable for damages resulting from their negligence. New York courts rely on case law to determine the existence and scope of any duty owed by the professional to the client or patient, and whether there has been a breach of that duty. It is important to note that while express warranties can be made by professionals regarding their services, they are distinct from the concept of an implied warranty and are subject to specific terms agreed upon between the professional and the client.