negligence


Also found in: Dictionary, Thesaurus, Legal, Financial, Encyclopedia, Wikipedia.
Related to negligence: Medical negligence

negligence

 [neg´lĭ-jens]
in law, the failure to do something that a reasonable person of ordinary prudence would do in a certain situation or the doing of something that such a person would not do. Negligence may provide the basis for a lawsuit when there is a legal duty, as the duty of a physician or nurse to provide reasonable care to patients and when the negligence results in damage to the patient.

negligence

[neg′lijens]
Etymology: L, negligentia, carelessness
(in law) the commission of an act that a prudent person would not have done or the omission of a duty that a prudent person would have fulfilled, resulting in injury or harm to another person. In particular, in a malpractice suit, a professional person is negligent if harm to a client results from such an act or such failure to act, but it must be proved that other prudent members of the same profession would ordinarily have acted differently under the same circumstances. Negligence may be misfeasance, malfeasance, or nonfeasance.

negligence

Medical malpractice The failure or alleged failure on the part of a physician or other health care provider to exercise ordinary, reasonable, usual, or expected care, prudence, or skill–that would usually and customarily be exercised by other reputable physicians treating similar Pts–in performing a legally recognized duty, resulting in forseeable harm, injury or loss to another; negligence may be an act of omission–ie, unintentional, or commission–ie, intentional, characterized by inattention, recklessness, inadvertence, thoughtlessness, or wantonness. See Adverse event, Comparative negligence, Contributory negligence, Gross negligence, Malpractice, Wanton negligence, Willful negligence. Cf Recklessness.
Negligence, required elements  
Duty A recognized relationship between Pt and physician
Breach Failure of a medical practitioner to practice in accordance with standard of care
Proximate cause The plaintiff must show that injury is reasonably connected to physician's action
Damages Plaintiff must show that alleged loss or damage has a quantifiable value such that a monetary payment can be made APLM 1997; 121:252

neg·li·gence

(neg'li-jĕns)
Failure to perform duties or activities with due diligence and attention or to meet the standards of regular care.

neg·li·gence

(neg'li-jĕns)
Failure to perform duties or activities with due diligence and attention or to meet the standards of regular care.

negligence (neg´lijəns),

n the failure to observe, for the protection of another person, the degree of care and vigilance that the circumstances demand, whereby such other person suffers injury.
negligence, contributory,
n negligence by an injured party that combines as a proximate cause with the negligence of the injurer in producing the injury. May bar recovery or mitigate damages.
negligence, imputed,
n the principle that places the responsibility for negligence on a person other than the one that was directly negligent. This transfer of responsibility is based on some special relationship of the parties, such as parent and child or principal and agent (e.g., a dental professional may be responsible for the negligence of a dental assistant).

negligence

in law, the failure to do something that a reasonable person of ordinary prudence would do in a certain situation or the doing of something that such a person would not do. Negligence may provide the basis for a lawsuit when there is a legal duty, as the duty of a veterinarian, to provide reasonable care to patients and when the negligence results in damage to the patient.

contributory negligence
a defense against a negligence suit, in which evidence is presented that the client contributed to the unsatisfactory outcome of a case by being negligent himself/herself, e.g. by not returning the animal for further treatment soon enough.
References in classic literature ?
Kitty had been accused of negligence and severely scolded.
This key was furnished with a small iron point, -- a negligence on the part of the locksmith.
When the fraud was discovered the merchant was prosecuted, but the transactions in which he had engaged involved Gorshkov, although the latter had been guilty only of negligence, want of prudence, and culpable indifference to the Treasury's interests.
Her hair, esteemed beautiful in proportion to its length, is carefully plaited, and made to fall with seeming negligence over either breast.
Your impatient loquacious man has never any notion of keeping his pipe alight by gentle measured puffs; he is always letting it go nearly out, and then punishing it for that negligence.
Her greatest wonder on the subject soon became--not that Susan should have been provoked into disrespect and impatience against her better knowledge-- but that so much better knowledge, so many good notions should have been hers at all; and that, brought up in the midst of negligence and error, she should have formed such proper opinions of what ought to be; she, who had had no cousin Edmund to direct her thoughts or fix her principles.
Some forbear it, not upon negligence alone, but doubting to bring themselves into melancholy, in respect they shall find it broken.
It was a relief to her tongue to find from the faces of her parents that they already knew of their loss, though this did not lessen the self-reproach which she continued to heap upon herself for her negligence.
There was an easy negligence in his manner and even in his dress (his hair carelessly disposed, and his neckkerchief loose and flowing, as I have seen artists paint their own portraits) which I could not separate from the idea of a romantic youth who had undergone some unique process of depreciation.
Such was the collection of papers (left perhaps, as she could then suppose, by the negligence of a servant in the place whence she had taken them) which had filled her with expectation and alarm, and robbed her of half her night's rest
Governments also sometimes alter without seditions by a combination of the meaner people; as at Hersea: for which purpose they changed the mode of election from votes to lots, and thus got themselves chosen: and by negligence, as when the citizens admit those who are not friends to the constitution into the chief offices of the state, which happened at Orus, when the oligarchy of the archons was put an end to at the election of Heracleodorus, who changed that form of government into a democratic free state.
Not hang, maybe, but be punished at least with such vigor of emphasis as to make negligence a thing to be shuddered at by railroad officials for many a day thereafter.