If you’re injured because of the wrongful acts of another person, you have a right to seek damages (financial compensation for your losses) in a court of law. Most personal injury lawsuits are based on allegations of negligence.
To successfully prove negligence in court, you must show three things:
In most personal injury claims, the standard of care is that of a reasonable person under the circumstances. The law doesn’t give much more guidance, simply identifying a reasonable person as “an ordinary person of average prudence.” The standard of care is different, however, in claims alleging medical malpractice.
Medical professionals, because of their specialized training, and because of the trust that society puts in them, are expected to adhere to a higher standard of care. As the law has evolved in New Jersey, a doctor or nurse must provide the same level of care as that provided:
Jurors are not, however, expected to know what the standard of care is for a particular medical professional. That standard is established through the testimony of an expert witness.
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