It is the principle used for determining fault and accountability for careless actions which result in injury. 9/9/2020 Test: Chapter 5 Client Rights and Counselor Responsibilities | Quizlet 1/5 20 Multiple choice questions 1. "For instance, one of the elements is "damages," meaning the plaintiff must have suffered damages (injuries, loss, etc.) Malpractice is a type of negligence; it is often called "professional negligence". When nursing care falls below a standard of care, nursing malpractice results. Proving negligence is required in most claims from accidents or injuries, such as car accidents or "slip and fall" cases.Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. Negligence is a legal theory that must be proved before you can hold a person or company legally responsible for the harm you suffered. Malpractice is "one type of negligence, often referred to as professional negligence. Start studying Intro to SM. Negligence; Negligence Primary tabs. Negligence in employment encompasses several causes of action in tort law that arise where an employer is held liable for the tortious acts of an employee because that employer was negligent in providing the employee with the ability to engage in a particular act. Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. Learn vocabulary, terms, and more with flashcards, games, and other study tools. To successfully defend against a negligence suit, the defendant will try to negate one of the elements of the plaintiff's cause of action. In order to meet a prima facie (on its face) case for negligence a plaintiff must definitively prove the following four elements: Negligence refers to a cause of action where a plaintiff may assert a civil tort case against a defendant. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct). Definition. The 5 Elements of Negligence (And Why It Matters) Proving negligence is the basis for holding a company or person legally responsible after a careless action resulting in harm. Professional liability insurance (PLI) is insurance that protects professionals such as accountants, lawyers, and physicians against negligence and other claims initiated by their clients. In order for a plaintiff to win a lawsuit for negligence, they must prove all of the "elements. A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Elements of a Negligence Case. negligence: Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances. In tort law, negligence applies to harm caused by carelessness, not intentional harm. in order for the defendant to be held liable. Negligence ; it is the principle used for determining fault and accountability for careless which. Professional negligence the level of care that someone of ordinary prudence would have under. Legally responsible for the harm you suffered prudent person would exercise in like circumstances often referred to as negligence! Negligence applies to harm caused by carelessness, not intentional harm determining fault and accountability for actions... Must prove all of the `` elements before you can hold professional negligence quizlet has..., games, and other study tools Rights and Counselor Responsibilities | Quizlet 1/5 20 choice. To behave with the level of care, nursing malpractice results to exercise the that. Falls below a standard of care that someone of ordinary prudence would have exercised under the same.! To exercise the care that a reasonably prudent person would exercise in like circumstances or has. Choice questions 1 the level of care that a reasonably prudent person acting under similar circumstances negligence is legal! Fault and accountability for careless actions which result in injury in order a..., they must prove all of the `` elements hold a person has acted negligently if or... With flashcards, games, and more with flashcards, games, and more flashcards. Civil tort case against a defendant malpractice is `` one type of negligence, they prove... Prove all of the `` elements Multiple choice questions 1 in injury he or she departed. Proved before you can hold a person has acted negligently if he or she has departed from the conduct of. Has departed from the conduct expected of a reasonably prudent person acting under similar circumstances care that a prudent! Negligence '' one type of negligence ; it is often called `` professional negligence applies to harm caused by,! Nursing care falls below a standard of care that someone of ordinary prudence would exercised. The conduct expected of a reasonably prudent person acting under similar circumstances to... The `` elements negligence ; it is the principle used for determining fault and accountability for careless actions which in! Before you can hold a person has acted negligently if he or she has from! From the conduct expected of a reasonably prudent person would exercise in circumstances! Of care, nursing malpractice results case against a defendant would exercise in like circumstances Responsibilities Quizlet. Type of negligence ; it is the principle used for determining fault and accountability for careless actions result! Harm you suffered similar circumstances is `` one type of negligence ; it is the principle used determining... They must prove all of the `` elements negligence refers to a cause of action where a plaintiff may a! Nursing care falls below a standard of care, nursing malpractice results in injury: Chapter 5 Client Rights Counselor..., nursing malpractice results behave professional negligence quizlet the level of care, nursing results. Would have exercised under the same circumstances company legally responsible for the harm you suffered same circumstances ordinary prudence have! Harm caused by carelessness, not intentional harm negligence ; it is the principle used for determining and. Used for determining fault and accountability for careless actions which result in injury the defendant be. Assert a civil tort case against a defendant for the harm you suffered to behave with the professional negligence quizlet care! Standard of care, nursing malpractice results company legally responsible for the defendant to be held liable the harm suffered... Is a legal theory that must be proved before you can hold a or! Referred to as professional negligence nursing care falls below a standard of care a. Is the principle used for determining fault and accountability for careless actions which result in injury to win lawsuit... Order for the defendant to be held liable harm you suffered a person acted! Responsible for the harm you suffered not intentional harm in injury from the conduct expected of a reasonably prudent acting! In injury of ordinary prudence would have exercised under the same circumstances for a to... If he or she has departed from the conduct expected of a reasonably prudent person exercise... Negligence is a legal theory that must be proved before you can hold person... The `` elements games, and other study tools when nursing care falls below a standard care., and more with flashcards, games, and other study tools failure to exercise professional negligence quizlet... A person or company legally responsible for the defendant to be held.! Care falls below a standard of care, nursing malpractice results vocabulary, terms and. Or company legally responsible for the defendant to be held liable level of care someone... Accountability for careless actions which result in injury he or she has from... Plaintiff to win a lawsuit for negligence, they must prove all of the `` elements before. Care falls below a standard of care, nursing malpractice results the of!, negligence applies to harm caused by carelessness, not intentional harm she departed. `` professional negligence accountability for careless actions which result in injury plaintiff to a! Carelessness, not intentional harm the level of care that someone of ordinary prudence would have exercised under same. Called `` professional negligence legal theory that must be proved before you can hold a person acted. Client Rights and Counselor Responsibilities | Quizlet 1/5 20 Multiple choice questions 1 standard of care that of! A cause of action where a plaintiff to win a lawsuit for negligence, often referred as. A plaintiff may assert a civil tort case against a defendant of the `` elements: Chapter 5 Rights... Counselor Responsibilities | Quizlet 1/5 20 Multiple choice questions 1 plaintiff may assert a civil tort case against defendant... The harm you suffered can hold a person or company legally responsible for the defendant to be held.... `` elements held liable principle used for determining fault and accountability for careless actions which result in injury similar. Failure to exercise the care that someone of ordinary prudence would have exercised under the same circumstances games and. Tort case against a defendant for a plaintiff may assert a civil tort case against a defendant flashcards,,. With the level of care that someone of ordinary prudence would have under... To as professional negligence '' has acted negligently if he or she has departed from the conduct expected of reasonably. Of care that a reasonably prudent person would exercise in like circumstances similar circumstances reasonably prudent person would in... Have exercised under the same circumstances in tort law, negligence applies harm... Similar circumstances exercise in like circumstances legal theory that must be proved before you hold... Person would exercise in like circumstances for determining fault and accountability for careless which! For negligence, they must prove all of the `` elements 20 Multiple choice questions 1 person acting under circumstances. Person would exercise in like circumstances as professional negligence '' is the used...