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Direct Negligence

Direct negligence is exemplified by hitting someone while driving your car in an unsafe manner. The death of a patient due to a physician’s diagnosis which falls short of the advice of the hypothetical “common physician” is another example of direct negligence. An attorney’s advice to his client which is based upon a faulty understanding of the law or which falls short of the legal standard of proper investigation and diligence is also a matter of direct negligence. In other words, if, in the conduct of your business, you act in a way that is less then the minimum standard of performance the law requires for your job, then you are guilty of negligence and you will be liable for all foreseeable consequences of your careless acts.

Negligence can occur because of your failure to act as well as your improper acts. Failing to move to the side of the road when you hear an ambulance coming up behind you is negligent. A physician’s failure to prescribe a recognized treatment is negligent, as is the attorney’s failure to advice a client of the law relevant to a particular situation.

Complimentary New Book

New & Revised Edition
Asset Protection for Physicians and High-Risk Business Owners by Robert J. Mintz JD, LLM

Essential reading for every professional, business owner and potential deep-pocket lawsuit defendant.

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