Negligence vs gross negligence?
April 3, 2015
In my supplemental Bill of Particulars I described the claimed negligence as gross and pointed out to the facts in detail.
The defense disagreed and called it an amendment . Previously the court dissalowed me to claim new causes of action and made it a case law. But I was simply describing the negligence, how obvious it was, how aggravating it was and facts supporting it to specify the negligence.
The defense asked me to remove the "gross negligently" claim by stipulation or they will ask the court conference on this issue. I can not remove the negligence word from my claim because its a core of my claim. Its he grossness that comes with it or its pretty obvious. The negligence occurred is either gross or too obvious and who decides on the level of negligence if we see the judge?Does describing the negligence as gross makes it an amendment or specifying supplementation ? It was the type of negligence where important stuff was simply overlooked and it lead to bigger and permanent injuries, so I feel it was gross. I do not know how the court measures the grossness ,but if it was not for the negligence ,the injury would not occurred. It was such a simple and correctible event that was not suppose to happen an it is more of administrative nature(paper work) than medical judgment.
Look up res ipsa loquitur. Here's a tip: don't assume anything is "pretty obvious". You've already ticked off the judge with the ruling that you can't add new causes of action. If you can't prove reckless disregard don't insist there was "gross negligence".... Parsing words in a BP is a fun game, but it won't matter if you can't prove your case.
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