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 Oregon, the provision of professional services by doctors, lawyers, architects, engineers, and dentists is generally governed by the standard of care expected within those professions, rather than by implied warranties. Oregon law does not explicitly recognize implied warranties in the provision of professional services. Instead, issues related to the quality of professional services are typically addressed through malpractice claims. These claims are based on allegations that the professional failed to meet the standard of care, which is defined as the level of skill, knowledge, and care ordinarily possessed and exercised by members of the profession under similar circumstances. Malpractice claims are assessed on a case-by-case basis, considering whether the professional acted with the reasonable prudence expected of a professional in that field. Oregon's approach to professional services aligns with states that do not recognize implied warranties in such services, focusing on negligence and the standard of care in malpractice litigation.