Tort Terms

Negligence

Negligence is a tort constituting unintentional behavior. The inadvertent running of a red light while operating a motor vehicle is an act of negligence. Likewise, a doctor failing to properly diagnose an illness that should have been diagnosed is negligence. Negligence is generally defined by the recognition of some standard and the violation of that standard.For instance in the case of an auto accident there generally is some standard that applies in the form of a traffic law or regulation. If that is violated then that act is negligence. In the context of medical treatment generally there is some standard of care that applies. That standard may be established by the professional goup that oversees that profession or through expert testimony.If the health care provider violates that standard of care then that is negligence.