Define: Gross Negligence

Gross negligence refers to a high level of carelessness or recklessness that goes beyond ordinary negligence. It involves a conscious and extreme disregard for the safety or rights of others, resulting in a substantial and foreseeable risk of harm. Unlike ordinary negligence, which may involve a failure to exercise reasonable care, gross negligence demonstrates a more egregious failure to meet even minimal standards of care. In legal contexts, gross negligence may give rise to civil liability or even criminal charges, depending on the jurisdiction and the specific circumstances of the case. It is often associated with serious consequences and may result in punitive damages or harsher penalties to deter similar misconduct in the future.

Gross negligence is “an act or omission of an individual which was done maliciously, wantonly, oppressively, or in a completely reckless or callous manner, indifferent to the rights of others and safety of others.”

A recent example of gross negligence can be found in the case against Michael Jackson’s doctor, Dr. Murray. The court argued that Dr Murray’s “deviations from medical standards of care included the doctor leaving his patient alone with propofol and lorazepam nearby” and using propofol to treat Jackson’s insomnia. The courts also argued Jackson might have lived if his doctor had called 911 immediately after realizing he was not breathing rather than waiting 20 minutes.

Defendants who are found grossly negligence may have to pay damages which are above compensatory damages (medical expenses, lost wages, and compensation for pain and suffering). The court may decide to have them also pay punitive damages which are designed to punish and eliminate similar conduct in the future. Punitive damages can often be very high, several times higher than compensatory damages, sometimes running in the millions of dollars.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.