Negligence

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

Oklahoma Mother Files $10 Million Wrongful Death Lawsuit Against Prison

The mother of a man from Tecumseh, Oklahoma has filed a $10 million lawsuit against a prison corporation and the state in the death of her son.

Her son and his wife were vacationing in New Mexico when they were killed by two prisoners who had escaped from an Arizona prison. The lawsuit was filed against the company operating the private prison, Management & Training Corporation of Delaware, and claims the state failed to maintain the inmates and properly train the employees.

Losing a loved due to someone else’s negligence can be difficult to understand. When you are grieving, hurt and worried about the future, it is uncomfortable to talk about insurance claims, wrongful death settlements, and cash awards; however, if someone caused your loved one’s death you should seek the compensation you deserve. At Munley, Munley & Cartwright we represent individuals and families that have lost a loved one or been seriously injured due to the negligence of another. […]

$2.6M Medical Malpractice Verdict In Bethlehem

Doctor at fault for cancer misdiagnosis

Cancer is one of the most common causes of death in the United States, and failure to properly diagnose this disease can be devastating – even fatal – to the patient. When this happens, it may result in a medical malpractice charge against the healthcare givers.

A ruling by the Pennsylvania Supreme Court has ended a two-and-a-half year journey through the state courts for a $2.6 million medical malpractice verdict against St. Luke’s Hospital & Health Network and one of its gynecologists.

The case was filed in Lehigh County; the plaintiff alleged that her doctor breached the standard of care when he did not advise her to have a biopsy on what turned out to be a cancerous lump in one of her breasts.

Our attorneys have decades of experience handling complex medical malpractice cases. […]

$82.5 Million Awarded To Blast Victim’s Family

Company found grossly negligent in wrongful death case

As wrongful death attorneys, we deal with the grief and confusion a family feels following the unexpected and unnecessary death of a loved one. It is difficult for family to maneuver through the maze of legalities while mourning the loss of their loved one, especially when the death is that of a young father and husband.

The Star-Telegram reports the family of a 27-year-old man who died of injuries suffered in an explosion at a natural gas processing plant has been awarded $82.5 million by a Harris County (Texas) jury.

In May, 2007, the young man was injured when a hot-oil treater exploded and he died at the hospital the next day. The award will go to his widow and the couple’s three young children, including a son born shortly after his father died.

Exterran Energy Solutions L.P of Houston – […]

$1.7 Million For Nerve Damage Following Baby’s Birth

Hospital responsible for mother’s nerve damage due to negligent anti-nausea injection

The Post-Standard reports a New York state Supreme Court jury has awarded a home-care nurse almost $1.7 million for permanent nerve damage following her baby’s birth three years ago.

The lawsuit was filed against Community General Hospital after the hospital administered an intramuscular injection in an attempt to stop the woman’s vomiting following the birth of her third child. The suit claimed the injection was given too low causing damage to the woman’s sciatic nerve.

The 34-year-old mother now suffers from lower back pain and is unable to sit or stand for any length of time and has other physical problems as a result of the nerve damage. Although she still works as a home health care nurse, her doctors believe her condition will become worse.

Our attorneys at Munley, Munley, […]

$3.5 Million Awarded In Lawsuit Over Botched Surgery

The Baltimore Sun reports a 53-year-old woman has won $3.5 million in her medical malpractice suit against Vascular Surgery Associates and two of its surgeons following a botched surgery.

In 2007 the woman’s surgery for blocked arteries ended in devastating injuries including damage to her spinal cord which left her a paraplegic. The lawsuit claimed the doctor used an improper grafting technique which led to various injuries including blood loss, and paralysis.

The award included $1.3 million in noneconomic damages, $2 million for future medical bills, and more than $200,000 for prior medical bills.

Our medical malpractice lawyers have decades of experience handling complex cases involving medical errors, misdiagnoses, and hospital infections. We will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients. If you or a loved one has been harmed by medical negligence, […]

Family Accepts $5.2 Million After Caesarean Section Death

The family of a 32-year-old woman who died following childbirth in 2007 has accepted $5.2 million from two doctors and the Albany Medical Center Hospital, reports the Albany Times Union. The settlement also includes mandated changes in procedures at the hospital.

After a normal and healthy pregnancy, the mother bled to death following a Caesarean section despite several calls to her primary obstetrician stating she was bleeding internally. After the third call, the doctor came to operate on the patient, but by then she had lost too much blood, the newspaper reported.

Instead of going to trial in August, the family accepted the settlement because they could not have won the non-monetary stipulations in a trial. These stipulations require the hospital to take specific steps to enhance patient safety.

Our attorneys at Munley, Munley, & Cartwright are experienced in medical malpractice lawsuits and will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients. […]

$1.6 Million Awarded In College Basketball Player’s Death

According to the Associated Press, a jury has awarded parents $1.6 million in their medical malpractice lawsuit filed following their son’s death on an Eastern Connecticut State University basketball court.

The 22-year-old senior collapsed during a basketball game in 2005. The parents alleged the doctor who examined him in 2001 should have found the congenital heart defect known as hypertrophic cardiomyopathy. The doctor found him to be in excellent health and signed his college medical form.

The doctor scheduled an echocardiogram for the young man after the examination, but he did not show up for the test.

Our attorneys at Munley Law are experienced in medical malpractice lawsuits and will evaluate your case thoroughly and explore all potential sources of recovery – we fight to protect the rights of patients. If you or a loved one has been harmed by medical negligence, […]

Patients Undergo Risky, Unnecessary Medical Procedure

The Baltimore Sun reports hundreds of heart patients from St. Joseph Medical Center in Towson, Maryland may have undergone an unnecessary medical procedure. St. Joseph Medical Center calls itself the busiest heart catheterization center in Maryland, and is thought of as one of the primary cardiac care facilities in the area.

At least 369 patients have received letters informing them they may have received expensive and potentially dangerous coronary stents they did not need. At the time of their surgery the patients were told they needed the stent to open an artery which had severe blockage. They have since learned their blockage was only minor.

Dr. Mark Midei is the only doctor implicated in the hospital investigation so far. He allegedly told patients they had up to a 90 percent blockage, when in fact they had only a 10 percent blockage. In other patients, he placed two stents when only one was necessary. […]

Jury Awards $15M After Medical Errors Caused Boy’s Death

A Suffolk County jury has found two doctors at Children’s Hospital Boston caused the death of a 3-year-old boy and must pay his parents $15 million, reports the Boston Globe. This is an unusual amount for a medical malpractice case involving death — settlements this large are more usual for severely injured patients requiring years of expensive treatment.

The Pennsylvania boy was born with Tetralogy of Fallot, a complex but treatable birth defect which affects the flow of blood through the heart. After several surgeries to try to widen the arteries carrying blood to his heart, the young boy was referred to another doctor who performed a catheterization. Within hours of this surgery the boy suffered a seizure found to be caused by contrast dye used in the surgery leaking into his brain.

During an MRI a tiny piece of metal — probably from a medical instrument — […]

Boy’s Parents Awarded $22.3M In Medical Negligence Suit

The Chicago Sun-Times reports a Cook County jury has awarded the parents of a 10-year-old boy $22.3 million in a medical negligence case that resulted in the loss of the boy’s leg shortly after his birth.

The young boy was born in May 1999 with a congenital heart defect which required a shunt procedure performed at Advocate Christ Medical Center/Hope Children’s Hospital in Oak Lawn, Illinois. Two weeks after being sent home, the parents returned the infant to the emergency room.

The lawsuit alleged his left leg had to be amputated due to mistakes made in the operating room. The child also suffers from cognitive deficiencies and developmental delays alleged to be caused by the delayed treatment and cardiac catheterization.

The jury found the hospital and staff were negligent in failing to diagnose the infant’s shunt problems in time and subjecting him to an unnecessary catheterization. […]

Man Awarded $6 Million When Tree Limb Falls, Causes Broken Neck

What is reported to be one of the largest verdicts in Hunterdon County has been awarded to a Delaware Township man for injuries suffered when a large tree limb fell on his car in 2006.

Kenneth Matlock and his wife suffered broken necks when a limb from an oak tree fell onto their car from a height of about 20 feet, according to news reports. Mr. Matlock is permanently disabled from the incident.

The DOT was found to be responsible since the tree was in the state’s right-of-way. The tree was thought to have been weakened from recent flooding and rot. The lawsuit claimed the defendants failed to maintain the property next to the road and failed to warn drivers of the tree hazards which they knew of and failed to fix.

There had been 55 reports of tree-related incidents in the area in the 2 years prior to Matlock’s accident. […]

Homeless Man Awarded $41,000 for Fraternity Shooting Incident

A homeless man who was shot with a .22 caliber rifle by an Oregon State University fraternity member has been awarded over $6,000 for medical expenses and $35,000 in non-economic damages, totaling over $40,000.

The jury found both the Association of Alpha Beta Chapter of Alpha Gamma Rho (AGR) and a former member responsible for the 2006 shooting, according to news reports. The national organization was not held responsible.

Witnesses testified that the fraternity members were known to shoot BB guns from the fraternity building windows and had talked about shooting homeless people with BB guns, news reports stated. After a search of the fraternity house, police found more than 24 firearms. The guns are allowed according to the AGR guidelines as long as they are securely locked.

The individual found liable in the case testified he was aiming at a dumpster and not the homeless man. […]

$4.34 Million Awarded To Veteran Paralyzed After Spinal Surgery

A 66-year-old veteran who alleged he was left paralyzed from spinal surgery at the Veterans Administration Medical Center in West Los Angeles has been awarded $4.34 million by a federal judge, according to Courthouse News Service.

In October 2005, Alvin Johnson had spinal surgery to correct a ruptured disc at the VA medical center, according to the article. Doctors injected Surgifoam, a material which absorbs blood and other fluids, into the space created once the ruptured disc was removed.

According to the complaint, the doctors did not remove all the excess foam and it expanded, pressing against the spinal cord. When the veteran’s daughter was notified two and a half hours later, Mr. Johnson had no feeling from his neck down and was nearly completely paralyzed.

An MRI showing the spinal cord was compressed was ordered by another doctor, but Mr. […]

Alleged Hospital Error Using Fentanyl Patch Fatal To Autistic Teen

Autistic teen dies from accidental drug overdose in medical malpractice case

A wrongful death lawsuit alleges a 15-year-old Autistic boy died in March when he was given a Fentanyl patch to alleviate his pain from a routine tooth extraction, reports Seattlepi.com.

Seattle Children’s Hospital sent Michael home with his mother on March 9, following the extraction, with the fentanyl patch for pain, according to a civil suit filed earlier this month in Washington’s King County Superior Court. Family members found him unresponsive the next morning and paramedics were unable to revive him – he was pronounced dead at his home.

The medical examiner report states the boy died from a drug overdose caused by the fentanyl patch, which is usually used for patients with chronic pain such as cancer patients, the newspaper reports.

Children’s Medical Director has admitted the hospital staff erred when if prescribed the fentanyl to Michael, […]

Woman Settles Flesh-Eating-Bacteria Medical Malpractice Lawsuit

The Orlando Sentinel reports a woman who ended up having both arms and legs amputated, allegedly due to a flesh-eating-bacteria, has settled her lawsuit against the hospital for an undisclosed amount.

After delivering a son at the Orlando Regional Healthcare System, Inc. (now called Orlando Health) in 2005, the woman developed a rash, fever, chills and other symptoms. The next day, even though she was in extreme pain the hospital tried to discharge her, according to her lawsuit, but her husband refused to take her home, and the following day surgery revealed she had gangrene in her belly.

Her condition grew worse and it was determined her body was being ravaged by Group A Streptococcal infection – a flesh eating bacteria. In hopes of saving her life, health care personnel amputated all four of her limbs. She is now confined to a motorized wheelchair.

Medical negligence is the result of a health care provider’s failure to provide the expected standard of care. […]

Neurosurgeons Sued For Alleged Malpractice On Child’s Surgery

The parents of 5-year-old Katie have sued North Shore University Hospital and their star neurosurgeons for a spine operation that left the child unable to touch her toes, walk upstairs, and in constant pain.

The parents allege the surgery was unnecessary, reports the NY Daily News.

Before the surgery, which the surgeons claimed would help alleviate a rare brain defect known as Chiari Malformation, Katie was happy and active, riding her two wheeler and playing soccer, the parents alleged.

Katie’s parents are among at least four other families suing Doctors Thomas Milhorat and Paolo Bolognese for alleged unnecessary surgeries that inflicted further harm to the patients, according to the newspaper.

If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim. Our attorneys at Munley Law are experienced and successful medical malpractice litigators and we fight to protect the rights of patients. […]

VT. Carbon Monoxide Wrongful Death/Personal Injury Lawsuit Settled

The Associated Press has announced the victims of carbon monoxide poisoning in Burlington, VT have settled out of court with the parties they named in their lawsuit.

Although not revealing the amount, the 23-year-old woman, who nearly died in the incident is said to be pleased with the settlement. The estate of her boyfriend, who died in the poisoning, also settled out of court.

In January 2005, carbon monoxide poisoning in the Redstone Apartments, which houses roughly 200 residents, killed one and sent nine others to the hospital. The investigation revealed a faulty boiler and a recalled pipe were to blame for the leak resulting in 40 times the normal level of carbon monoxide.

UVM students occupied most of the rooms of the apartment building, which did not have carbon monoxide detectors at the time of the incident.

Both families sued the building and maintenance companies of the Redstone Apartments and the installers of the heating boiler and pipe. […]

Dakota Urology Clinic Sued for $5 Million in Medical Malpractice

Five plaintiffs are asking for $5 million in damages from the Siouxland Urology Center in Dakota Dunes, SD. claiming negligence, medical malpractice, and intentional infliction of emotional distress.

In the 22 page class-action lawsuit the patients claim Siouxland Urology breached the standard of care by re-using certain disposable medical equipment which caused damages to the patients. Manufacturers recommend the equipment used in cystoscopy procedures be used only once. Siouxland Urology denies any unsterilized equipment ever came into direct contact with patients.

South Dakota Department of Health has ordered the Center to change its cystoscopy practices and the Center is offering a free blood test to check for HIV and Hepatitis for the 5,200 affected patients.

If you or a loved one has been harmed by a form of medical negligence, you may have a medical malpractice claim. Our attorneys at Munley Law Personal Injury Attorneys are experienced and successful medical malpractice litigators and we fight to protect the rights of patients. […]

$3 million Settlement Reached in SC Medical Malpractice Lawsuit

Misread CT scan causes death of young girl

A 29-year-old mother of three has reached a settlement agreement with six doctors at the Chester Regional Medical Center in South Carolina for medical negligence which caused her daughter’s death in 2005.

According to the lawsuit, the young woman sought medical help at the emergency room on three occasions for severe abdominal pain. The CT scan was misread the first two times. On her third trip to the emergency room, the doctors and surgeons found she suffered from a twisted bowel and performed surgery. They found her intestine was dead because the blood supply had been cut off. She died the night of her operation from her untreated medical condition.

The lawsuit alleges if the CT scan had been read correctly the first time at the emergency room, the condition could have been corrected and the young woman’s life would have been saved. […]