negligence

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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 ?
I shall excuse you nothing on the plea of being my brother; if I find you stupid, negligent, dissipated, idle, or possessed of any faults detrimental to the interests of the house, I shall dismiss you as I would any other clerk.
He wore a Manilla hat and a sort of tappa morning gown, sufficiently loose and negligent to show the verse of a song tattooed upon his chest, and a variety of spirited cuts by native artists in other parts of his body.
On her father, her confidence had not been sanguine, but he was more negligent of his family, his habits were worse, and his manners coarser, than she had been prepared for.
And even that you don't do; so that it looks to me as if you likewise were rather negligent of your duties
You will be eager, I know, to hear something further of Frederica, and perhaps may think me negligent for not writing before.
Holmes strolled round the house with his hands in his pockets and a negligent air which was unusual with him.
They were dressed to correspond, though in a most untidy and negligent way.
I have been very negligent -- but are you now at leisure to satisfy me in these particulars?
Besides, there would be another inconvenience attending this proposal, for what is common to many is taken least care of; for all men regard more what is their own than what others share with them in, to which they pay less attention than is incumbent on every one: let me add also, that every one is more negligent of what another is to see to, as well as himself, than of his own private business; as in a family one is often worse served by many servants than by a few.
The criticism and attack on institutions, which we have witnessed, has made one thing plain, that society gains nothing whilst a man, not himself renovated, attempts to renovate things around him: he has become tediously good in some particular but negligent or narrow in the rest; and hypocrisy and vanity are often the disgusting result.
On the bed, in a negligent attitude, sat Pierrat Torterue, the official torturer.
The book is weak on anti-aircraft guns, for example, and still more negligent of submarines.