Negligence
Negligence (pronounced: /ˈnɛɡlɪdʒəns/) is a term used in law and medicine to describe a failure to take proper care in doing something, which results in damage or injury to another. The term originates from the Latin word "negligentia", meaning carelessness or neglect.
Definition
In legal and medical contexts, negligence refers to a breach of duty or care that results in harm to another person. This harm can be physical, emotional, or financial. The person who is negligent is usually expected to compensate the injured party for their loss.
Types of Negligence
There are several types of negligence, including:
- Gross Negligence: This is a severe lack of attention or disregard for the safety of others. It is more than simple carelessness or failure to act.
- Contributory Negligence: This is when the injured party is partially responsible for their own injury.
- Comparative Negligence: This is when the fault is shared between the parties involved in the incident.
- Vicarious Negligence: This is when a person or entity is held responsible for the actions of another person or entity.
Medical Negligence
In the field of medicine, negligence refers to a healthcare provider's failure to meet the standard of care that a reasonable, prudent professional would have provided in a similar situation, resulting in harm to the patient. This is often referred to as medical malpractice.
Legal Implications
In legal terms, for a negligence claim to be successful, the plaintiff must prove four elements: duty, breach, causation, and damages. This means that the defendant had a duty to the plaintiff, the defendant breached that duty, the breach caused the plaintiff's injury, and the plaintiff suffered damages as a result.
Related Terms
External links
- Medical encyclopedia article on Negligence
- Wikipedia's article - Negligence
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