negligence

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.

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negligence (neg´lijns),

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).

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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.

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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.

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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