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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Surgical Errors in Stroudsburg, PA
Most often, surgeries proceed as intended without incident. Sometimes, however, surgical errors occur, leading to devastating consequences.
In Stroudsburg, PA, victims of surgical errors may face extended recovery times, additional surgeries, and significant emotional and financial burdens. If you or a loved one has been harmed due to a surgical error, you deserve top-tier legal representation. The Stroudsburg medical malpractice lawyers at Munley Law Personal Injury Attorneys
Are Surgical Errors the Same as Medical Malpractice?
Surgical errors are mistakes made during a surgical procedure that deviate from the standard of care and harm the patient. These errors can include operating on the wrong body part, leaving surgical instruments inside the patient, or causing unintended damage to organs or tissues.
All surgeries involve a certain amount of risk. Informed consent is an important part of medical care that allows patients to make informed decisions about their treatment, […]
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Surgical Errors in Scranton, PA
We are fortunate to have access to world-class medical treatment in Northeast Pennsylvania. However, even in the best facilities, medical professionals can make mistakes that lead to serious harm. When you select a hospital, surgeon, and surgical team to operate, you trust they will treat you with professionalism and the utmost care.
Unfortunately, the surgical team sometimes makes a mistake, which can have devastating, even deadly, consequences for the patient and their family.
If you or a loved one has suffered harm or loss of life from a surgical error in Scranton, it’s important to understand your rights and options under PA personal injury law for holding the responsible parties accountable.
An experienced medical malpractice attorney at the Scranton Law offices of Munley Law can help. Call us for a free case evaluation. We will discuss the specifics of your medical malpractice claim, […]
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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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