What is Negligence?
Negligence is the failure to use a reasonable degree of care given the circumstances. The four elements of negligence are a duty owed to a plaintiff, a breach of that duty by the defendant, proximate cause, and injury or damage suffered by the plaintiff. It is essentially carelessness.
According to Black’s Law Dictionary, negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.” As such, negligence refers to a failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances. It forms the basis of many personal injury claims and lawsuits, where a plaintiff alleges that their injuries or damages were caused by the negligent actions or omissions of another party.
Key elements of negligence include:
- Duty of care: The legal obligation of an individual or entity to exercise reasonable care to avoid causing harm to others. This duty may arise from professional relationships, ownership of property, or other circumstances.
- Breach of duty: A failure to fulfill the duty of care by acting or failing to act in a way that deviates from what a reasonably prudent person would do.
- Causation: The link between the defendant’s breach of duty and the plaintiff’s injuries or damages. It must be shown that the defendant’s actions or omissions directly caused harm to the plaintiff.
- Damages: Actual harm or losses suffered by the plaintiff as a result of the defendant’s negligent conduct, which may include physical injuries, emotional distress, property damage, or financial losses.
Legal principles related to negligence aim to compensate injured parties for their losses and encourage individuals and businesses to act responsibly to prevent foreseeable harm. For example, if your landlord doesn’t fix a rickety set of steps you let him to, and you fall through the steps a week later, the landlord is negligent in his duty of care. Understanding the elements of negligence is essential in personal injury cases and other legal disputes where liability is based on the failure to exercise reasonable care under specific circumstance
More information about Negligence
Widow Awarded $6.7 Million in Medical Malpractice Case
The widow of a man who died in 2005 after an ATV accident was awarded $6.7 million by a Maine jury in a medical malpractice case against Eastern Maine Medical Center in Bangor. The man was flown to the center after the accident, and according to the lawsuit, the doctors failed to follow up on tests indicating internal bleeding, that ultimately led to the man’s death.
The man arrived at the hospital suffering from several broken ribs, among other injuries, and CT scans ordered by the emergency department physician indicated there was also internal bleeding. The doctors caring for the man failed to follow up on the internal bleeding by not issuing an order for X-rays to monitor the bleeding, according to the suit. Three days later, the internal bleeding caused one of the man’s lungs to collapse, and the lack of oxygen precipitated a massive fatal heart attack. […]
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$400,000 Awarded In Pennsylvania Breast Cancer Lawsuit
A Northampton woman has been awarded $400,000 in her malpractice suit against a Bethlehem doctor who did not diagnose her breast cancer properly. The jury found Dr. Mark Schadt negligent in his care of the woman.
In April 2004 she found two lumps in her breasts, and in May Dr. Schadt performed a fine-needle aspiration biopsy and the results were negative for breast cancer. In March 2005 the patient had a second fine-needle biopsy and the results were positive. A month later, after having an excisional biopsy, she was told she had invasive carcinoma stage III cancer. She had a radical mastectomy on the cancerous right breast and a simple mastectomy on her left breast.
The lawsuit alleged Dr. Shadt should have followed the first biopsy with a complete biopsy that would have removed a larger tissue sample to test.
If you or a loved one has been harmed by a form of medical negligence, […]
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Fiery Crash in NY Kills One Teen, Injures Four
Speeding suspected to be the cause of the fatal teen crash
Teen Pulled From Burning Car after Fiery Crash In N.Y.
One teen is dead and four are injured following a Wednesday night crash in Rush, N.Y. Speed is suspected in the crash where the vehicle overturned and caught fire. One man heard the car go by, and then heard the crash. He rushed to the scene in his truck and was able to pull one girl out by cutting her seatbelt, saving her life. All she remembers of the incident is swerving, panicking, and calling her mom to tell her she had been in an accident. Most of the five teens grew up together.
Iowa Man Killed In Head-On Collision
A 61-year-old man was pronounced dead at the scene of an accident on I-80 Wednesday night when a van crossed over the median and crashed with his Chevy HHR, […]
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Wal-Mart Distribution Center Employee Awarded $21 Million
A Pike County (Alabama) jury has awarded an employee of Wal-Mart distribution center $21 million for injuries she suffered while working in the banana ripening room, reports the Dothan News.
In April 2008, the then 26-year-old woman was standing in the doorway of one of the newly constructed banana ripening rooms when a 3-4 foot tall metal plate covering the trim at the top of one of the room’s doors fell 30 feet and struck her in the face. She not only suffered face lacerations, but it severed her nerves and muscles in her face.
Several days later, she developed seizures which now occur on a regular basis and puts her at risk of a condition called sudden epileptic death. Due to the seizures, she’s not able to be alone and to completely care for her 2-year-old daughter.
The lawsuit was filed against Thermal Technologies and its contractor, […]
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$2.5 Million Awarded for Failure to Diagnose Colon Cancer
A Virgo County, Indiana jury has awarded $2.5 million to a now 42-year-old former police officer whose doctor failed to diagnose his colon cancer in 2004. The Tribune Star reports the lawsuit was filed against Dr. John Morse of AP&S Clinic in Terre Haute, Indiana in January 2009.
At 35 years old, the man went to the doctor with rectal bleeding and complaints of other gastric discomforts. Neither a sigmoidoscopy nor colonoscopy was done to rule out colon cancer. An upper G.I. test was done because of other problems the patient reported. After moving to another state and consulting a different doctor in 2006, he was diagnosed with Stage 4 incurable colon cancer. He has been given less than a year to live.
Under Indiana’s statutory limit, the award will be reduced to $1.25 million.
Our experienced lawyers know that medical errors are responsible for between 44,000 and 98,000 wrongful deaths every year in American hospitals. […]
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