After establishing that the defendant is required by the law to act with reasonable care upon the plaintiff, the second step in establishing a negligence case is to prove that a breach of duty was committed. Unlike establishing duty of care, which is primarily determined by a judge, whether or not there was a breach of duty is decided by a jury.
There are many ways a court could establish breach of duty. In some personal injury cases, a defendant’s failure to act with reasonable care could be enough to prove a breach of duty. A driver recklessly driving under the influence of alcohol, for instance, has failed to act with reasonable care and could therefore be held liable. However, a medical professional is not expected to carry out his profession as a reasonable, yet ordinary person. Rather, he is expected to perform his duties as a reasonable medical professional equipped with adequate knowledge and training, and not doing so could make him liable for medical malpractice.
At Habush Habush & Rottier S.C. ®, we help Wisconsin residents who have been a victim of negligence fight for justice and compensation through a lawsuit. To learn how we might be able to file a case against the negligent party responsible for your accident, call us at (414) 271-0900 today.