What is gross negligence in Pennsylvania? What is the difference between gross negligence and ordinary negligence? What’s the difference between negligence vs. medical malpractice? When can a plaintiff sue for negligence? Our experienced lawyer explains this here.
If you’ve suffered due to ordinary negligence, gross negligence, or medical malpractice, you deserve justice. Contact the Law Office of Edward P. Shaughnessy immediately to discuss your case. Our experienced lawyer group can help you understand the impact of gross negligence, the resulting consequences of gross negligence, and how an Easton personal injury lawyer can prove negligence to secure financial recovery.
Gross Negligence Definition
Gross negligence in Pennsylvania is defined as a severe form of negligence where a person demonstrates a reckless disregard for the safety and well-being of others.
Gross negligence is more severe than ordinary negligence, or a momentary lapse in judgment, because gross negligence demonstrates a deliberate indifference to the potential consequences.
For instance, consider a construction site manager who knowingly allows workers to use faulty equipment, resulting in serious injuries. This blatant disregard for his or her duty of care to workers demonstrates gross negligence. In such cases, an Easton construction injury lawyer would be able to help injured victims secure damages.
Difference Between Criminal Negligence and Personal Injury Claims
If you decide to hold a defendant responsible and sue for recklessness, the plaintiff must understand the difference between criminal negligence and personal injury. Under personal injury or tort law, a victim has the right to pursue a civil claim if they’ve been injured due to the negligent acts of the defendant. A civil lawsuit allows a victim to seek economic or non-economic damages, where they, as the plaintiff, must demonstrate that the defendant breached the duty of care that was owed to them, specifically in order to secure compensation.
Alternatively, criminal negligence involves an act that is so reckless it is punishable under criminal law. An act so egregious that it requires a criminal law to ban it to maintain society’s stability is punishable by law. Criminal law is governed by local state or national courts and applies to acts such as manslaughter, texting while driving, or drinking and driving.
If you’ve been injured because a drunk driver decided to act negligently, an Easton DUI accident lawyer can help you file a claim.
What is Negligence Per Se?
Negligence per se in a personal injury claim occurs when a defendant violates a law or regulation designed to protect the public from harm, eliminating the need for proving negligence. For instance, if a property owner fails to maintain safe conditions as required by building codes and someone is injured on the property, this can be considered negligence per se. The violation itself establishes the negligent act.
If you’ve been injured because of property owner negligence, contact an Easton premises liability lawyer.
Ordinary Negligence vs. Gross Negligence in Pennsylvania
Ordinary negligence involves failing to exercise the care that a reasonably prudent person would under the same or similar circumstances, typically due to oversight or simple mistakes. The biggest difference between ordinary negligence and gross negligence is the degree of carelessness and intent.
Gross negligence shows a reckless disregard for others, indicating a severe breach of duty. Understanding these differences is important, as they affect the severity of the case and potential damages awarded.
Ordinary Negligence Example
An ordinary negligence example might be a grocery store failing to clean up a spill promptly, resulting in a customer slipping and getting injured. The store had a duty to keep the premises safe, and the breach of this duty led to the injury.
Gross Negligence Example
A clear example of gross negligence would be a truck driver who continues to drive despite knowing the brakes are faulty, resulting in a severe accident. This behavior shows a reckless disregard for the safety of others on the road and shows how the driver chose to act negligently.
If you’ve been injured by a negligent trucker, contact our Easton truck accident lawyers for a free consultation.
Negligence vs Malpractice
Negligence and malpractice both involve a breach of duty, but they differ in scope. Negligence is a failure to exercise reasonable care, leading to harm. Malpractice, however, refers to professional misconduct or failure to meet professional standards. In both instances, the responsible party acts negligently, but malpractice specifically addresses a higher standard of care expected from professionals.
Medical Negligence Example
Medical negligence might occur if a nurse administers the wrong dosage of medication due to a momentary lapse in attention, causing harm to the patient. This differs from gross negligence, which involves a more egregious disregard for the patient’s safety.
Medical negligence differs from medical malpractice in that negligence involves errors or lapses in attention, whereas malpractice refers to professional misconduct or a failure to meet the standards of the medical profession.
Examples of Gross Negligence in Medical Malpractice Claims
Gross negligence in medical malpractice claims could include a surgeon operating on the wrong body part or a physician prescribing medication despite a clear contraindication. These actions show a severe lack of care and concern for patient safety.
Medical malpractice occurs when a healthcare professional fails to provide the standard of medical treatment expected in their field, such as a chart lore error, or a negligent referral, leading to patient harm. While medical malpractice can include various acts of medical negligence, it specifically addresses failures within the scope of professional medical treatment.
If you’ve been injured by pharmacy errors, or because a physician or other medical professional deviated from the acceptable medical standard, contact an Easton medical malpractice lawyer at Edward P. Shaughnessy.
How a Lawyer Can Prove Negligence in Personal Injury Law
Proving negligence in personal injury law involves showing that the defendant owed a legal duty of care, breached this duty, caused harm through the breach, and that damages resulted. A lawyer can use these steps to demonstrate gross negligence and establish liability under tort law. By clearly presenting these factors, the judge and jury can assess the defendant’s recklessness and determine responsibility.
Legal Duty of Care: A lawyer must first establish that the defendant owed the plaintiff a legal duty of care. For example, drivers have a duty to follow traffic laws and drive safely.
The Defendant Breached the Duty of Care: Next, the lawyer must show that the defendant breached this duty through negligent acts. For instance, this breach can be proven if a driver was texting and caused an accident.
The Breach of Duty Causes Harm: The breach must directly cause harm. In our example, the lawyer must prove that the accident led to the plaintiff’s injuries.
Damages Resulting from Personal Injury or Harm: Finally, the lawyer must demonstrate the damages resulting from the injury, such as medical expenses, lost wages, and pain and suffering.
This is necessary for the court to understand the full impact on the plaintiff. The lawyer must show how the defendant’s actions caused these damages, providing evidence of how the injured party’s life has been affected. This helps the court determine the appropriate compensation for the plaintiff.
The Reasonable Person Standard and Personal Injury Lawsuits
The reasonable person standard is used to determine if someone acted negligently by comparing their actions to what a reasonably prudent person would have done under similar circumstances. This standard is essential in personal injury lawsuits to establish whether the defendant’s actions were negligent. In court, the judge and jury will decide if the defendant met this reasonable standard or if their behavior fell short, leading to the plaintiff’s injuries.
Compensatory vs. Punitive Damages in Pennsylvania
Compensatory damages are intended to reimburse the victim for losses such as medical expenses, lost income, and non-economic damages like pain and suffering. Punitive damages, however, are awarded to punish the defendant for particularly reckless behavior and deter similar future actions.
How an Easton Personal Injury Attorney Can Help
An Easton personal injury attorney can be key in helping you with your injury claim. They will gather evidence, prove negligence, and fight for the compensation you deserve. Whether dealing with an insurance company or taking your case to court, having a knowledgeable attorney by your side can make all the difference in achieving a favorable outcome.
Personal injury law covers situations like medical malpractice and medical negligence. An experienced attorney understands both personal injury and criminal law, ensuring responsible parties are held accountable. If you’ve suffered due to someone else’s gross negligence, you may have the right to sue and recover damages.
Choosing the right attorney is important. If you’ve been injured and need to get help with a medical malpractice issue or an injury issue, don’t wait. Contact the Law Office of Edward P. Shaughnessy at 610-258-9955 for a consultation, and let us help you secure the compensation and justice you deserve.
