When people think of malpractice, they typically associate this kind of professional misconduct with doctors, lawyers and other professionals in very client-facing roles. However, engineers, like many other licensed professionals, can also commit malpractice. Engineering malpractice occurs when an engineer fails to meet the accepted standards of their profession, leading to harm or damages.
Essentially, engineering malpractice is a form of professional negligence. It could involve anything from the design of a building or bridge to the construction of a mechanical system or roadway. Engineers are expected to exercise a level of skill, care and diligence that a reasonably competent professional would in similar circumstances. Failure to do so may be grounds for a malpractice claim.
Identifying and responding to malpractice scenarios
Engineering malpractice can take many forms. Common examples include:
- Design errors: An engineer may fail to account for important variables like environmental conditions, materials or safety measures in their design. If the error leads to structural failure, injury or financial loss, they could be held liable.
- Construction oversight failures: Engineers involved in supervising construction projects may be liable if they fail to ensure that proper building codes and safety standards are followed, resulting in injury or damage.
- Negligent inspection: Engineers are often required to inspect completed projects to ensure that they meet safety standards. If an engineer negligently certifies that a project is safe when it is not, they may be liable for resulting harm.
Engineers accused of malpractice can defend themselves by demonstrating that they followed professional standards, that the alleged harm was caused by factors outside their control or that the plaintiff’s damages were not a result of their actions. Conversely, those who have been affected by malpractice can assert themselves by proving that the opposite is true.