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Negligence per se applies when breaking a law is automatically considered negligence. If someone is harmed as a result, they can bring a malpractice lawsuit and receive compensation. The law violated must be intended to protect people from harm, and evidence must show that harm was a direct result of the violation. In malpractice cases, the law itself is the standard of care, and witnesses or evidence can be used to prove a violation. Traffic offenses and violations of building codes can also be implicated in malpractice cases.
Neglect per se is a legal doctrine that applies to situations where breaking a law is considered an automatically negligent act. Anyone who suffers harm as a direct result of violating a law intended to protect citizens from harm can bring a malpractice lawsuit per se. If the court agrees with the reasons for the case, compensation can be awarded. This is true whether or not the defendant in the lawsuit has been separately sanctioned by a criminal court for breaking the law.
There are several characteristics that must be present for negligence per se to apply in a case. The first is that the defendant has violated a law and someone has suffered direct harm as a result of the violation. For example, someone who fails to stop at a stop sign and hits a wheelchair user crossing the street has broken the law and harmed someone in the process. You also need to show that the law was meant to protect people from harm; in this example, this is most certainly true, as one of the reasons people have to stop at stop signs is to allow people to cross the road safely.
Normally, in negligence cases, it must be shown that someone acted indifferently, which means that a “reasonable person” in the same situation would have taken precautions to prevent the resulting events. In malpractice cases itself, the law itself is the standard of care; the plaintiff does not need to demonstrate how a reasonable person would have acted, merely to demonstrate that a law has been violated. This can be done with the assistance of witnesses or other evidence that the cause of damage was a violation of a law intended to prevent injuries.
Traffic offenses are common subjects of such cases, as traffic laws were developed with public safety in mind, and violating such laws can result in injury. Some other situations may also involve a case where someone is required to pay damages due to negligence per se. For example, in the United States, doctors are required to provide emergency care. If someone comes to a hospital for treatment and the doctor on duty refuses treatment, this can be grounds for malpractice because the doctor is breaking the law and the patient will suffer injuries as a result. Violations of building codes can also be implicated in malpractice cases.
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