Elements of negligence

Our team of lawyers and in-house medical consultants, has the ability to investigate and prosecute the most complex cases in a time-efficient manner. Medical Malpractice The Health Professions Council of South Africa HPCSA recently reported an increase in complaints from patients, and in the number of doctors found guilty of unprofessional conduct, for example refusing to treat patients, misdiagnosing patients, or failing to provide sufficient warning of the risks associated with a procedure or treatment. Medical professionals must comply with a standard of care, namely to treat their patients the way that any other reasonable medical provider with the same qualifications would do. Should their conduct fall below the established standard of care, they are guilty of medical negligence.

Elements of negligence

The 'Duty of Care'

Comparative Negligence New Jersey is one of a number of states which have adopted a form of the comparative negligence rule. However, the Elements of negligence to which an injured party would be entitled will be diminished by the percentage of negligence attributable to the recovering party.

Entire Controversy Doctrine The entire controversy doctrine requires that all aspects of a controversy among those persons who are parties to an action be presented before the Court at one time. In the event all actions are not joined in a single litigation, the parties waive their rights to pursue a claim at a later time.

The purpose of the entire controversy doctrine is to encourage comprehensive and conclusive litigation determinations, to avoid fragmentation of litigation, to promote party fairness and judicial economy and efficiency.

Because the entire controversy doctrine is equitable in nature, the entire controversy doctrine would be barred where it would be unfair in the totality of the circumstances and would not promote any of the objectives named above.

In addition, there are exceptions where the entire controversy doctrine is inapplicable. For example, if the first cause of action did not result in an adjudication of the merits of the case, a successive action is not precluded.

Elements of negligence

Borough of Jamesburg, N. Also, the doctrine does not apply to component claims either unknown, unarisen or unaccrued at the time of the original action. Church, et Elements of negligence, N.

Div and Rossum v. Jones, et al, 97 N. Divan exception to the entire controversy doctrine was recognized where plaintiff nominally sued for property damage, but failed to join a personal injury claim arising from the same accident.

The Court noted that the property damage claim is ordinarily brought by the insurance carrier and allowed the plaintiff to proceed with the personal injury action. The plaintiff has a duty to preserve all evidence which forms the subject matter of the case and spoliation of evidence becomes an issue when evidence is not available for inspection by an adverse party.

A pending or probable litigation involving the defendant; 2. Knowledge by the plaintiff of the existence of the likelihood of litigation; 3.

Forseability of harm to the defendant disregarding the evidence would be prejudicial to the defendant ; and 4. Evidence which is relevant to the case.

If spoliation occurs, the Court may impose sanctions on the plaintiff and there have been cases in which all evidence relating to the destroyed evidence was excluded at trial and the defendant was awarded counsel fees. For example, in Aetna Life and Casualty Co. See Aetna Life and Casualty Co. The New Jersey Courts have long recognized the tort of intentional spoliation of evidence and more recent decisions have recognized negligent spoliation of evidence as an independent tort.

Stanley Works, N. General Motors Corporation, N. Fraudulent Concealment of Evidence Fraudulent concealment of evidence differs from spoliation in that fraudulent concealment of evidence is a tort whereby a victim of fraudulent concealment of evidence may recover compensatory damages compensate the injured party for the injury sustained; restore an injured party to the position he or she was in prior to the injury and punitive damages damages above what will compensate an injured party; intended to punish a party for wrongful conduct from defendant or third party spoliator of evidence.

Comparative Negligence

To succeed on a claim of fraudulent concealment of evidence, the plaintiff must prove more than mere negligence, but it is not necessary to prove an evil-minded act on the part of the defendant. The defendant had a legal obligation to disclose evidence to the plaintiff; 2.

The defendant could not have readily learned of the concealed information without the defendant disclosing it; 4. The defendants intentionally failed to disclose evidence to the plaintiff; and 5. The plaintiff was harmed by relying on non-disclosure. See Allis Chalmers Corporation v. Liberty Mutual Insurance Company, A.


The statute governing contract claims allows a claimant to file a claim up to 6 six-years after the contract has been signed. Under the Uniform Commercial Code ,the statute of limitations for contract claims pertaining to the sale of goods is four 4 years.

The parties may reduce this time period for not less than one 1 year, but they can not contract to extend the limitation period. A cause of action for the sale of goods accrues when the breach occurs. For these types of claims the four 4 year statute of limitations period does not begin until the actual breach was or should have been discovered.Involuntary manslaughter usually refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as a DUI).The usual distinction from voluntary manslaughter is that involuntary manslaughter (sometimes called "criminally negligent homicide") is a crime in which the victim's death is unintended.

Negligence - Wikipedia

This article explains the legal elements necessary to prove a claim or cause of action for negligence. Personal injury. Attorney Jay Young. What Are Defamation, Libel and Slander?

Elements of negligence

Defamation is the issuance of a false statement about another person, which causes that person to suffer harm. 2 products) for patients with serious or life-threatening diseases or conditions, (2) a description of the purpose of each experimental drug, (3) patient eligibility criteria, (4) a description of the.

essential elements of actionable negligence are: (a) Failure to exercise commensurate care, involving (b) A breach of duty, resulting proximately in (c) Damage to plaintiff.").

6. Section , Page 2 of 26 cases filed after August 15, However, the Act did not require major changes in the professional negligence instructions inthis chapter.

DOD Adjudicative Elements - Security Clearance