Professional negligence is a type of legal misconduct that occurs when a professional, such as a doctor, lawyer, engineer, or accountant, fails to provide the expected level of care and competence in their work. In Florida, Professional Surveyors & Mappers are also considered professionals.

The state of Florida has specific rules and regulations for professionals in various fields, and those professionals are required to adhere to these rules and regulations as a requirement of continued licensure. When a professional fails to meet these standards, they may be held liable for professional negligence. Examples of professional negligence in Florida include medical malpractice, legal malpractice, accounting malpractice, and engineering or land surveyor malpractice. In each of these cases, the professional must have failed to provide the expected level of care and competence, resulting in harm to the client or patient.

Medical malpractice is a common type of professional negligence in Florida. Doctors and other healthcare professionals are required to follow certain standards of care when treating patients. When a healthcare professional fails to meet these standards and causes harm to a patient, they may be held liable for medical malpractice. Legal malpractice is another common type of professional negligence in Florida. Lawyers have a duty to provide competent and diligent representation to their clients. When a lawyer fails to meet this duty and causes harm to their client, they may be held liable for legal malpractice. Land surveyors are required to follow standards of care in executing their surveying duties.

But what standards are Florida Professional Surveyors & Mappers expected to follow?

The first category of standards is a nationwide body of knowledge in the form of textbooks, peer-reviewed journal articles, trade journal articles, and continuing education presentations/publications. Many surveying concepts such as the priority of calls, junior/senior, and sanctity of the original survey date back at least one century, if not two or three. These concepts are also, at least for the most part, universally accepted across the United States. Therefore, nationally accepted periodicals are often good sources for setting a standard of care owed by the Professional Surveyor.

The second category of standards is state-specific. These standards may be found in F.S. 177, F.S. 272, and F.A.C. 5J-17. The language of the Florida Statutes is typically broad: discussions about confidentiality, professionalism, and avoiding conflicts between clients are common themes. On the contrary, the items listed within F.A.C. 5J-17, also known as the Standards of Practice or Minimum Technical Standards, are quite specific. In fact, every land surveyor is expected to use 5J-17 as a “checklist” before signing or stamping any survey document. Therefore, it behooves the attorney to conduct the same same exercise on every land survey that comes before them: run through 5J-17.050-052 to confirm the standards have been met. Personally, I often see between 5 and 10 violations for every survey map that I review.

If a person believes they have been the victim of professional negligence in Florida, it is important to consult with an experienced attorney as soon as possible. An attorney can review the case and determine whether the person has a valid claim for professional negligence. In addition to seeking compensation for damages, a person who has been the victim of professional negligence may also be able to file a complaint with the appropriate regulatory agency in Florida. This can help to hold the professional accountable and prevent similar incidents from occurring in the future.

Overall, professional negligence is a serious matter in Florida, and professionals in various fields are held to high standards of care and competence. When these standards are not met, individuals can suffer harm, and the professionals responsible may be held liable for their actions. Nettleman Land Consultants has served Plaintiffs claiming harm and Defendant-Surveyors disputing such harm in dozens of surveyor negligence cases. Schedule a free First Contact call today to learn more.