Elements of Negligence

To be negligent is to act or fail to act in a way that causes injury to another person. Accidents happen, but what separates an unintentional accident from a negligent act is the standard of care. By neglecting the applicable and proper standard of care pertaining to a particular incident, an individual may be found liable for any resulting injuries. Negligence is a legal theory in civil law. The concept of negligence is closely related to determination of standard of care. Medical malpractice is considered a specific entity within the domain of negligence.