What is Negligence?

Negligence:

 – a failure to exercise the care that a reasonably prudent person would exercise in like circumstances.The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.

Medical professionals are required to meet the “standard of care.” This standard is set by the court, not by the professional, and represents the standard practices of a reasonably competent individual. If these standards are not met, and injury to the patient or death occurs, the patient’s suffering is attributed to negligence on the part of the practitioner.

Through civil litigation, if an injured person proves that another person acted negligently to cause their injury, they can recover damages to compensate for their harm. Proving a case for negligence can potentially entitle the injured plaintiff to compensation for harm to their body, property, mental well-being, financial status, or intimate relationships.

In order for litigation to be successful, the plaintiff must prove four things:

1. Duty of Care
2. Breach of Duty
3. Damage
4. Causation

After Hospitalization, it is becoming increasingly common to be transferred to one of New York’s Nursing or Rehabilitation facilities.  There are special laws that protect residents of these homes and many times they are not followed!

We represent individuals who have had bed sores, fallen and required surgeries or died as a result of abuse and neglect.  Contact Merson Law today to find out if you have a case.  Many times, it is critical that certain information is documented to have a successful lawsuit.