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 Wisconsin, 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 means that professionals are expected to perform their services with the same level of skill and care that reasonably prudent professionals in the same field would use under similar circumstances. If a professional fails to meet this standard, it may result in a malpractice claim. Wisconsin law does not explicitly recognize implied warranties in professional services in the same way it does for goods; rather, the focus is on whether the professional acted negligently. Any warranty or guarantee of the quality of services would likely be derived from the contractual agreement between the professional and the client or from the professional's representations. It is important to review the specific terms of the agreement and consult with an attorney for individual situations where the quality of professional services is in question.