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
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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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One Dead After Car Crashes Into Chicago Church
Late-night car crash into church kills one and sends two to the emergency room
One Dead After Car Crashes Into Chicago Church
NBC Chicago reports a 22-year-old is dead and two other people are injured following a two car crash around 3:00 a.m. on the 1900 block of West Washington Blvd on the city’s Near West Side Sunday morning. The 22-year-old was pronounced dead at the scene and two others were taken to the hospital in good condition.
Paul Smiths College Student Killed In Adirondacks Car Accident
A 19-year-old student lost control of his 2002 Saturn sedan on Route 86 in Ray Brook, N.Y. on Sunday morning and slid into the path of an oncoming 2010 Honda CRV driven by a 57-year-old male. The student was pronounced dead at the scene and the passenger of the Honda suffered multiple fractures, […]
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Negligence Alleged in Lawsuit against City in Teen’s Death
In November 2009, a student was killed crossing the dangerous Luten Avenue outside Tottenville High School in Staten Island, New York, reports silive.com. Following the death of the straight-A student, the city installed traffic lights, concrete medians, and other safety devices along the street.
Her mother has filed a wrongful death suit against the NYDOT and the city alleging they failed to have the proper protection in place prior to her daughter’s death despite requests by public officials and the school’s principal for traffic signals. The senior high school student was crossing the street around 11:30 a.m. when a Nissan, which had stopped to allow her to cross, was rear-ended by another car, pushing it into the victim and pinning her under the rear-tire.
The victim underwent emergency surgery at Staten Island University Hospital, Ocean Breeze, but died six days later. Her mother contends her daughter did not receive proper medical treatment at the scene of the accident which resulted in her death. […]
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South Carolina Mother Files Lawsuit Over Fire That Killed Her Son
SCnow.com reports a Lamar, South Carolina mother has filed a lawsuit against several parties, including her landlord and an electric company, over her 11-year-old’s death in a fire two years ago when the family lived in a manufactured home.
The lawsuit claims the home was “sloppily, recklessly and dangerously electrically wired and uninhabitable” as the suit cites several electrical wiring errors. The lawsuit also claims gross negligence, negligent infliction of emotional distress and wrongful death. Knowledge of the electrical problems and the “defendants’ failure to exercise reasonable care and comply with the law” led to the child’s untimely death.
A fire investigator has testified the fire was a result of faulty wiring in the home’s stove.
The lawsuit alleges the landlord was aware of the electrical hazards and of other recurrent electrical problems at the home, and Carolina Power and Light Company had been given notice and also knew of the problems. […]
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New Hampshire Woman Sues Hospital & Doctors for $5 Million
A woman formerly from New Hampshire is suing two doctors and St. Joseph’s Hospital in Nashua for $5 million alleging they failed to diagnose and treat her bacterial meningitis which left her permanently disabled, reports The Telegraph.
On January 10, 2008, the woman went to the emergency room after suffering for three days with vomiting, headache and fever. She was treated for an ear infection and sent home. With worsening symptoms, she returned to the hospital two days later. The second time she also had hearing loss, altered mental state, and difficulties walking. Her lawsuit states even though a CT scan and other tests suggested something serious was wrong, the doctor diagnosed her with stress and a sinus infection and sent her home.
She returned to the hospital two more times before she was given a spinal tap which showed she was suffering from two life-threatening conditions. […]
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Family of City Worker Killed In Mower Accident Settles Lawsuit
A confidential last-minute settlement has been reached in the lawsuit brought by the family of a city Parks Department employee who was killed in 2003 by a runaway lawnmower, reports the Telegram & Gazette of Worcester, Mass.
Industrial and agricultural accidents can occur for a variety of reasons. One of the leading causes, however, is a manufacturing or design defect that makes heavy machinery dangerous to users. You should be able to trust that the product you are using is safe and that you have been given proper warning of any risks the product poses. At Munley Law we understand the complexity of product liability laws and the challenge of proving a case, and we can help you get the compensation you deserve.
The 54-year-old man died from injuries he sustained when he was run over by a 6,000 lb. large capacity mower as it rolled down a hill. […]
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Neurosurgeon Awarded $3 Million for Injury at Medical Center
The Scranton Times Tribune reports a neurosurgeon who suffered a broken leg when he was hit by a hospital bed being pushed down the hall, has been awarded $3.25 million in his personal injury lawsuit against Community Medical Center.
When you are hurt because of someone else’s actions, negligence or reckless behavior, you have suffered a personal injury. And when a personal injury takes place, the responsible person or company that caused the injury should be held accountable. At Munley Law, we understand the complexity of Pennsylvania’s personal injury laws and the challenge of proving negligence, and we can help you get the compensation you deserve.
In February 2005, the doctor was in the operating room reviewing a patient’s chart when he was struck by the bed. The physician is a diabetic and the trauma he suffered from the broken leg led to an infection, […]
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$821,000 Awarded To Family of Elderly Woman Who Wandered From Care Facility
Nursing home found negligent for elderly woman’s death
The family of a 74-year-old woman with dementia who died after wandering from an assisted care living facility in 2007 has been awarded $821,000, reports OregonLive.com.
1.5 million Americans live in nursing homes throughout the country. Of these, it is estimated that as many as 35,000 die prematurely every year due to negligence, abuse or neglect. The breach of the standard care when directed against our elderly parents by paid givers should be punished severely. If your elderly loved one has been injured or died while in the care of a nursing home or other healthcare facility, contact our attorneys at Munley Law Personal Injury Attorneys today.
The woman’s skeleton was found in May by a young boy who was searching through blackberry bushes for his lost cat. Her fully clothed remains were found only one quarter-mile from the care facility. […]
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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. […]
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$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. […]
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$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 – […]
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$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, […]
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$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, […]
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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. […]
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$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, […]
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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. […]
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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 — […]
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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. […]
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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. […]
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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. […]
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