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  2. Legal malpractice - Wikipedia

    en.wikipedia.org/wiki/Legal_malpractice

    Negligence by the attorney, A loss or injury to the client caused by the negligence, and; Financial loss or injury to the client. To satisfy the third element, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ("but for" causation). [3]

  3. Medical malpractice - Wikipedia

    en.wikipedia.org/wiki/Medical_malpractice

    In common law jurisdictions, medical malpractice liability is normally based on the tort of negligence. [3]Although the law of medical malpractice differs significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. [3]

  4. Medical malpractice in the United States - Wikipedia

    en.wikipedia.org/wiki/Medical_malpractice_in_the...

    A 2004 study of medical malpractice claims in the United States examining primary care malpractice found that though incidence of negligence in hospitals produced a greater proportion of severe outcomes, the total number of errors and deaths due to errors were greater for outpatient settings. No single medical condition was associated with more ...

  5. Malpractice - Wikipedia

    en.wikipedia.org/wiki/Malpractice

    Professional negligence actions require a professional relationship between the professional and the person claiming to have been injured by malpractice. [3] For example, to sue a lawyer for malpractice the person bringing the claim must have had an attorney-client relationship with the lawyer.

  6. Negligence - Wikipedia

    en.wikipedia.org/wiki/Negligence

    Negligence (Lat. negligentia) [1] is a failure to exercise appropriate care expected to be exercised in similar circumstances. [2]Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act.

  7. Hand formula - Wikipedia

    en.wikipedia.org/wiki/Hand_formula

    In the United States, the Hand formula, also known as the Hand rule, calculus of negligence, or BPL formula, is a conceptual formula created by Judge Learned Hand which describes a process for determining whether a legal duty of care has been breached (see negligence). The original description of the calculus was in United States v.

  8. Res ipsa loquitur - Wikipedia

    en.wikipedia.org/wiki/Res_ipsa_loquitur

    Res ipsa loquitur (Latin: "the thing speaks for itself") is a doctrine in common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation.

  9. Standard of care - Wikipedia

    en.wikipedia.org/wiki/Standard_of_care

    This is negligence per se. There is no negligence per se doctrine in federal law. Four elements are deemed necessary for a statute to apply in a negligence case. First the person harmed must be a member of the class of persons which the law was intended to protect. Second, the danger or harm must be one that the law was intended to prevent.

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