When dealing with negligence cases, it is very important to distinguish regular negligence from gross negligence. While regular negligence can carry a penalty during criminal and civil cases, it is nothing compared to the consequences of gross negligence. After all, gross negligence refers to a situation where there was a voluntary disregard for the need to take proper care/consideration. Gross negligence occurs when this complete lack of care causes serious harm, injury, or death to another person(s). Negligence can be the result of an accidental lack of care, such as a car accident or work incident, but gross negligence refers to a purposeful disregard for the type of care that even a careless person would take.

Protection against Gross Negligence:

Healthcare professionals, such as doctors and nurses, are often protected from being sued for gross negligence. Law enforcement falls under the same category, and so do first responders, fire fighters, ambulance employees, and school nurses/doctors. Relief workers that respond to natural disasters are also exempt from being sued for gross negligence. However, any such person who is found to have willfully caused harm to another person can be found guilty of regular negligence.

"Willful and wanton conduct":

When negligence is examined, it is often referred to as willful and wanton conduct from the person or persons responsible. This means that damages were caused by someone who was behaving in a careless and reckless manner. More importantly, it means that the recklessness they displayed was deliberate, purposeful, and a willful disregard for anyone else's safety. This differs hugely from regular negligence, where damages can be caused in a completely accidental manner. There is nothing accidental about gross negligence.

Examples of Gross Negligence:

Imagine that someone who owns a building is fully aware of the fire code, and the procedures he must follow. However, that building owner blatantly refuses to provide fire exits, and fire extinguishers, to people who are living and/or working inside the building. In the event of a fire, any harm that comes to those people can be referred to as gross negligence. This happens because the building owner did not make a mistake by accident, he willfully and knowingly chose to disregard their safety when he refused fire exits and extinguishers.

Another example would be a doctor who willfully and knowingly amputates the wrong leg of a patient. While this doctor cannot be charged with gross negligence, it is clear that he has committed the act on purpose. In addition, a surgeon that leaves an outside object in a patient after surgery has been completed has also committed gross negligence.

Gross negligence refers to a driver who is seen speeding well over the limit in a small parking lot where there are a lot of pedestrians. If this driver hits someone, they have committed gross negligence. The accident might have been a mistake, but their absurd speeding was a willful and wanton act. 

If a caregiver refuses to give an elderly/sick/disabled person food for several days, they have committed gross negligence. Missing one meal can be considered regular negligence - the result of forgetfulness, but not feeding someone for days is a purposeful act. 

Consequences of Gross Negligence:

Regular negligence cases result in a monetary fine/payment that must be made to the person who has suffered damages. However, gross negligence cases are far more serious. There are monetary compensations that must be paid, but there is a high risk of jail time as well.

Hiring a lawyer to deal with a gross negligence case is very important. There are huge monetary compensations associated with these cases, and the right personal injury lawyer can ensure the case goes in your favor.