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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Misdiagnosis Claims in Wilkes-Barre, PA
Misdiagnosis of medical conditions can lead to incorrect treatments, inappropriate drug prescriptions, and even medicines or medical treatments that can make your condition worse.
If you or a loved one has suffered as the result of a medical misdiagnosis in Wilkes-Barre, you might be able to seek financial compensation by filing a medical malpractice claim against your healthcare provider for medical misdiagnosis.
A Wilkes-Barre medical malpractice attorney from Munley Law can help.
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An inaccurate diagnosis can have devastating consequences. It can deprive you of the necessary medical care for your actual condition and expose you to harmful drugs and therapies for conditions you don’t have, potentially worsening your health. In egregious cases, a medical error can lead to wrongful death.
At Munley Law Firm, […]
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Surgical Errors in Wilkes-Barre
Going into a hospital for any surgical procedure can be anxiety-inducing, but you need to trust your medical professionals because sometimes, there is no alternative. But even with some of the best, nationally-recognized medical facilities we have access to in Wilkes-Barre, surgical errors can lead to serious injury, whether a mistake made during the procedure, an error in administering anesthesia, or postoperative complications due to negligence in any step in your medical care, any mistake during or immediately after surgery can have life-altering consequences.
If you or a loved one has been a victim of a surgical error in Wilke Barre, PA, you want to talk to a medical malpractice attorney at Munley Law as soon as possible. Our law firm can help walk you through the process of recovering financial compensation for your medical malpractice lawsuit, or, in the tragic case of the loss of a loved one, […]
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Anesthesia Errors in Scranton, PA
Undergoing anesthesia can be one of life’s most vulnerable moments. Unfortunately, when a mistake with your anesthesia occurs, it can lead to serious and sometimes life-threatening complications.
If you think you or a loved one might be the victim of an anesthesia mistake in Scranton, you might be entitled to financial compensation for the medical negligence you experienced. Call the Scranton medical malpractice lawyers at Munley Law today. During your free consultation, we will discuss the details and map a path to winning your medical malpractice claim.
A medical mistake can result in catastrophic injuries, necessitate further medical intervention, and lead to lost wages and mounting medical bills. Don’t let surgical mistakes ruin your financial well-being. Call Munley Law today for a free case evaluation.
When Anesthesia Errors Constitute Medical Malpractice in Scranton
In Pennsylvania, […]
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East Stroudsburg, PA Personal Injury Lawyers
Whether you’ve been involved in a car or motorcycle accident or experienced medical malpractice such as a surgical error, you might be overcome with the many new challenges you now have to deal with. The physical toll your injury has taken on you and your family, the mounting medical bills, and lost wages due to missed work, coupled with trying to understand your legal rig,hts can become overwhelming. If you have tragically lost a loved one, you might be considering a wrongful death case, but you don’t know where to begin.
At Munley Law, we’ve been fighting for personal injury victims since 1959, earning national recognition for our expertise in personal injury litigation. Our attorneys have been named among the Best Lawyers in America, Pennsylvania Super Lawyers, and are board certified by the National Board of Trial Advocacy. Our proven track record has secured numerous multi-million dollar settlements and verdicts for our clients. […]
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Hospital Negligence Claims in Wilkes-Barre, PA
Going to the hospital is scary. One of the few comforts is knowing that you’re in the hands of medical professionals whose job is to make you feel better. So, where do you turn when the medical care harms you?
Hospital and medical negligence is becoming more prevalent in Wilkes-Barre, Pennsylvania, and the United States. Hospitals are consistently understaffed, and the healthcare and insurance systems strain doctor-patient relationships. There is an increasing problem with systemic negligence in medical clinics, emergency departments, and hospitals. Hospital negligence leads to misdiagnosis, delayed diagnosis, medication errors, surgical errors, and more. The results may not be a reversible error and can be devastating to the patient.
If hospital negligence resulted in an injury or worsened illness, you have the right to pursue a medical malpractice lawsuit against the liable parties. Call the Munley Law Wilkes-Barre medical malpractice lawyers today for a free consultation. […]
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