Gross Negligence Personal Statement Example | Topics and Well Written Essays - 1500 words

Gross Negligence - Personal Statement Example Gross negligence in other words is an act or oversight of an aggravated nature, as eminent from the lack of ordinary care evident in negligence. According to Diana & Gill (1989) gross negligence is a cognizant and intended disregard of the requirement to employ reasonable care that is likely to result in foreseeable serious injury or harm to another person. Gross negligence is conduct that is tremendous as compared to ordinary negligence that is a mere failure to observe reasonable care. Gross negligence and ordinary negligence vary in degree of negligence while both vary from willful and reckless conduct that reasonably termed as causing injury. Gross negligence is a lack of care in wanton disregard for the wellbeing or lives of other individuals. This is immense in that it appears to be a contravention of other individual’s rights to wellbeing. It is further than straightforward inadvertence; however, it is just not far from being deliberately evil. If an individual has agre ed to take care of another's wellbeing, than gross negligence results as a failure to take care the individual would for his/her own wellbeing. Gross negligence results in the award of specific and general damages and addition punitive damages. Negligence Negligence is conduct that lacks due care and such standard would fall below the standard of care established by law. Negligence termed as the divergence from the standard of care which a reasonable person would stick to in a given set of circumstances. There is a legal obligation-requiring one to stick to that set standard of conduct (Ash et al, 2006). Negligence results when the individual does not stick to these standards of care. In negligence, the individual does not intend that the results achieved, and he has the responsibility to foresee and guard against such outcomes (Diana & Gill 1989). Negligence  normally defined as the lack of exercise of that level of care exercised by the rationally careful practitioner under the same set of circumstances as per the test of a reasonable person. Malpractice Malpractice is the absence of the required standard of care by a professional, which include the knowledge, abilities, and specialized skills of a profession. Malpractice results due to the failure of the professional to abide by the established principles of the profession. The plaintiff, in a malpractice situation, should show that the other individual did not follow the standard of his profession. Ash et al (2006, p.130) found that the expected standard of care from a professional is much higher compared to that of the other individuals. It is the failure the lack of skill to abide to a standard of care in which a rational man in the same position would have observed. In a medical malpractice situation, a plaintiff must establish appropriate care to determine the practitioners conduct and an actual breach of the required standard of care by the practitioner. A connecting link between the practitioners b reach and injury and a cognizable harm or damages must exist. The standard of care relies extremely on facts but normally recognized as the degree of care a prudent and reasonably professional practitioner would apply in similar or the same circumstances. In Joseph Benson’