Willful negligence is one of the most severe types of negligence. In this article, we’ll define the term “willful negligence” and explain how it relates to nursing home abuse. 

Key Takeaways

• Willful negligence is a type of negligence defined as conduct that deliberately disregards the health, safety, and welfare of another party
• Willful negligence is voluntary, intentional, and reckless
• Harm of a nursing home resident by a staff member is considered nursing home abuse
• Intentional nursing home abuse is considered willful negligence
• Victims of willful negligence in a nursing home may pursue justice by filing a nursing home abuse lawsuit 

What Is Willful Negligence?

Willful negligence is a legal concept referring to a type of negligence. Negligence is the failure to behave in a way that a reasonable person would be expected to under a certain set of circumstances, ultimately resulting in a loss to another party. 

Willful negligence is defined as conduct that deliberately disregards the health, safety, and welfare of another party. Willful negligence is one of the most egregious types of liability, including behavior that is voluntary, intentional, and reckless.

To prove willful negligence, prosecutors must provide evidence that significant harm was the result of the defendant’s actions, that the defendant intentionally or knowingly disregarded the risk, and that the risk would most likely result in substantial harm. 

Insurance policies do not typically cover acts of willful negligence. 

Examples of Willful Negligence 

Some examples of willful negligence include:

• An employer telling an employee to use an unsafe machine in a state of disrepair, causing injury to the employee
• Driving drunk
• A physician operating on the wrong side of a patient’s body
• Intentionally downplaying an hazard in a property, allowing a visitor to be injured 
• Driving at very high speeds 

Willful Negligence and Nursing Home Abuse

Neglect of nursing home residents by caretakers is considered to be nursing home abuse whether it is intentional or unintentional. Intentional harm done to a nursing home patient by a staff member is considered willful negligence. 

Examples of willful negligence in a nursing home include:

• Knowing that a patient is in need of urgent help and not assisting them
• Nursing home management directing a staff member to give a patient incorrect treatment 
• Purposefully hitting, kicking, or otherwise harming a patient 
• Restraining a patient with excessive force
• Deliberately failing to feed a patient a healthy diet leading to malnutrition 

If you or a person you care about experienced intentional harm from a staff member in a nursing home, it is important to notify the relevant authorities as soon as possible. Additionally, you have the option of filing a legal case to pursue justice and receive compensation for your pain and suffering. It is recommended to speak to an experienced nursing home attorney who will be able to review your case and advise you about the next steps.