Negligence

failure to take proper care in doing something.

failure to use reasonable care, resulting in damage or injury to another.
Omission
a failure to do something, especially something that one has a moral or legal obligation to do.
Commission
a group of people officially charged with a particular function.
an instruction, command, or duty given to a person or group of people.

The Four Basic Elements of Negligence

Presence of a Duty of Care
The first element is establishing the presence of a duty owed by one person to another. People have a
duty to act in a reasonable manner toward others. Each unique personal injury claim starts with identifying
this duty.

Doctors have a duty to their patients to treat them in a medically-appropriate manner.

Someone Breached Their Duty

The second element is a breach of the duty owed by one person to another. A person breaches their duty
by failing to act in a reasonable manner toward another person.

A doctor prescribes the wrong medication, and the patient is hospitalized.

The Breach Directly Causes Injuries

The third element is when the breach of duty becomes the direct cause of another person's injuries.
The type and severity of injuries must be related to a failure to act in a reasonable way. The source of the
breach could be a person, business, organization, or other entity.

A patient's condition worsens because of a prescription error: the treating doctor's action in prescribing
the wrong medication is the direct cause.

Proving Monetary Losses

The fourth element is closely tied to each of the first three. When a duty exists, and a breach of that duty
directly causes an injury, the injured person is responsible for proving the nature and extent of his injuries.
Documented evidence of the injuries and related expenses is critical for recovering any settlement or
court judgment against the responsible party.
Without documentation, the person claiming injuries will have a very difficult, if not impossible time
negotiating their claim. The first three elements of negligence do not confirm the nature and extent of
injuries, nor the financial costs related to those injuries; they must be separately proven.

Hospital treatment records and corresponding medical bills

Doctors' diagnosis and prognosis of the injury

Physical therapy and chiropractic records and bills

Receipts for out-of-pocket costs related to the injury (e.g. medications, crutches, bandages, hospital
parking fees, etc.)