What constitutes negligence?

Negligence is a legal concept and it pertains to the failure to exercise proper care. In the state of Florida, if an individual suffers an injury as a result of someone else’s negligence, they have the right to initiate a civil lawsuit against the responsible party. Therefore, negligence is a legal concept that holds significance in the realm of civil law.

Negligence occurs when someone’s conduct falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. More simply stated, a person has acted negligently if they have departed or strayed from the conduct expected of a reasonably prudent individual acting under similar circumstances.

Negligence is a legal theory that must be established before you can hold an individual or company legally accountable for the harm you have experienced. Proving negligence is a requirement in most cases involving accidents or injuries, such as motor vehicle collisions or incidents of premises liability. Negligence claims must demonstrate four elements in a court of law: duty, breach, causation, and damages/harm.
In general terms, when an individual acts carelessly and causes harm to another person, the legal principle of “negligence” holds the careless individual liable for any resulting harm. This foundation for assessing and determining fault is utilized in most disputes involving an accident or injury, both during informal settlement discussions and throughout a trial in a personal injury lawsuit.

Medical malpractice cases are costly and time consuming to litigate — for both the plaintiff and the physician/defendant. In an attempt to reduce the number of medical malpractice cases filed, many states have passed laws requiring plaintiffs’ lawyers in medical malpractice cases to submit some proof of medical malpractice on the part of the defendant at the beginning of the case — before they will be allowed to proceed with the lawsuit. This proof is usually in the form of a report that in some states is called the Certificate of Merit or Affidavit of Merit, and in others, an Offer of Proof.