California, United States of America
The following excerpt is from Seneris v. Haas, 281 P.2d 278 (Cal. App. 1955):
Negligence on the part of a physician or surgeon will not be presumed; it must be affirmatively proved. Engelking v. Carlson, 13 Cal.2d 216, 221, 88 P.2d 695.
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