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What constitutes negligence and when can punitive damages be applied

Asked over 2 years ago - Westford, MA

my 10 year old son is hospitalized for suicidal, aggressive, assaultive behavior. twice in less than two weeks he was overlooked by staff and left completely unattended on his unit. they are admitting negligence. at what point should i involve a lawyer and how do you prove negligence and decide if you have a viable lawsuit

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Attorney answers (2)

Kevin L. Colbert

Reputation Level 13

Answered over 2 years ago. Lawsuit / Dispute Attorney in Houston, TX.

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You should consult with a local attorney regarding the specifics of Massachusetts law. The elements (what the plaintiff must prove) of negligence are 1) duty, 2) breach of that duty, 3) the breach of the duty is the producing cause of 4) damages. With the hospital admitting negligence as you say in your question, the question may be one of damages. This may come down to what are the damages and what value would be placed on those damages in your state.

This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question

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Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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The elements of proof for a negligence claim are 1) duty owed, 2) breach of the particular duty owed, 3) the breach of the duty is the proximate cause of the particular damages and 4) provable damages.

The hospital admits negligence as your post reveals, so the question may only be how do you prove damages.

Check with a MA lawyer right away. Do not wait. The sooner you get on this the better. Your post does not suggest enough for an observation about punitive damages.

Note: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question

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