ordinary negligence standard

ordinary negligence standard

Malpractice A standard of Pt care, based on a deviation from 'reasonableness', rather than a standard of care accepted by one's peers. See Contributory negligence, Negligence.
McGraw-Hill Concise Dictionary of Modern Medicine. © 2002 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
The appeals panel held that the ordinary negligence standard applied because the use of a golf cart is not an inherent part of golf.<br />Defendant now seeks leave to appeal to the Michigan Supreme Court, arguing that an injury resulting from the operation of a golf cart on a golf course is a regular part of the recreational activity of playing golf, and, therefore, is governed by the recreational activity standard in Ritchie-Gamester.
Perhaps an underlying belief in the merits of this exception tilted the Alaska Supreme Court towards the ordinary negligence standard: (119) the court might have sought to limit the applicability of the statute's criminal punishments as constitutional if the provision assigning jail terms was enforced only against participants in heavily regulated industries.
Some jurisdictions are less forgiving of schools that fail to properly supervise students, and their courts are willing to impose an ordinary negligence standard; but it seems to take an egregious lapse to violate the standard.
Finally, several courts have adopted an approach that might be labeled as a middle ground, based on the ordinary negligence standard. The Supreme Court of Alabama, although not adopting the postconviction relief standard, requires that a criminal malpractice plaintiff prove that "in the absence of the alleged negligence the outcome of the case would have been different." See Herring v.