Negligence is defined as the failure to take proper care in doing something, and the failure to behave with the level of care that someone of ordinary prudence would execute in the same situation. In short, negligence is synonymous with irresponsibility.
In most personal injury cases, is it is the definition above that will be used. And, in order to recover damages, a plaintiff will have to prove that the defendant acted negligently. Examples of negligence include failing to maintain a property in a safe condition, manufacturing an unsafe product, failing to sanitize food preparation areas properly (leading to food poisoning), speeding, driving while drunk, etc.
In medical malpractice cases, the definition is slightly different. According to Title 15 – Civil Remedies and Procedures of South Carolina Code of Laws, medical malpractice is defined as, “doing that which the reasonably prudent health care provider or health care institution would not do or not doing what the reasonably prudent health care provider or health care institution would do in the same or similar circumstances.”
Remembered, shared negligence is a possibility. Not only can negligence be shared amongst a plaintiff and defendant, but amongst multiple defendants as well.
