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What is the Standard of Care?

Timothy R. Hughes, Esq.
Hughes & Associates, P.L.L.C.

Many architects understand their work must comply with the “standard of care”.  Most architects have at least heard the phrase.  To meet the standard of care, however, it is necessary to have a practical understanding of exactly what how “standard of care” is defined under the law and in practice.

Legal Definition

Under Virginia law, architects generally are not required to be perfect, nor do they guarantee a successful result.  Rather, their work must comply with the standard of care.  If the work fails to comply with the standard of care, an architect may be liable for malpractice.  Standard of care is usually defined as acting as a reasonably competent and prudent architect would under the same or similar circumstances.

How is Standard of Care Proven?

In general terms, matters of a professional and technical nature are deemed to be beyond the lay knowledge and comprehension of a jury.  Thus, expert testimony is generally required to present evidence to a jury on what is the applicable standard of care and whether it was breached in a particular case. 

Like all matters in the law, the threshold requirement for expert testimony to prove a breach of the standard of care is not absolute.  Some cases present matters which a court may think are so obvious or clear that even a jury can understand the issues without the need to expert testimony.  Under those circumstances, a malpractice case may be able to reach the finder of fact without expert witness testimony.

The So-called “Experts”

While you may have at least a modest shield from liability in the requirement for expert testimony, this shield is clearly not impenetrable.  There are plenty of people with a degree and perhaps work experience who are willing to testify as professional expert witnesses against design professionals.  Please remember that expert witnesses are being paid for their time and efforts.

You have probably heard the commercial that says, “If you have a phone, you have a lawyer.”  To some extent, you could likely say, “If you have a checkbook, you have an expert.”  Unfortunately, even plaintiffs with cases which are objectively very weak can often find an expert to testify that there was a breach of the standard of care.  Absent some very clear contractual language to the contrary, if there is an expert witness lined up against you, you can expect that a case will get to the jury or judge who would decide the case.

Who Decides of There is a Breach of the Standard of Care?

Assuming a case gets past dismissal motions, the finder of fact decides whether there was a breach of the standard of care in a given case.  In a jury trial, the finder of fact is a jury.  In a bench trial, the finder of fact is a judge.  It is unlikely that either a judge or a jury will be educated regarding appropriate architectural practices beyond the testimony on standard of care that is presented during the trial.

The reliance of the legal system on the factual determinations of lay people naturally adds an element of risk to every trial.  It is impossible for any lawyer to guarantee victory in any case, no matter how strong, because of the unpredictability of the process.  As you are performing your professional services on a project, you should maintain a healthy awareness of how your performance would like to the average Joe or Jane that might sit on a jury deciding if you performed your job within the standard of care.

Conclusion

Architects are held to the amorphous performance requirement of “meeting the standard of care.”  While that standard may appear quite clear to you as a professional, you must remember that lay people make the decision of whether you met the standard of care.  Keeping this common sense point in mind can greatly assist you in protecting yourself in the event you face claims in the future.