What are the elements of a medical malpractice claim?
California, United States of America
The following excerpt is from Aguayo v. St. Francis Med. Ctr., B232877 (Cal. App. 2012):
"'The elements of a cause of action for medical malpractice are: (1) a duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.' [Citation.]" (Chakalis v. Elevator Solutions, Inc. (2012) 205 Cal.App.4th 1557, 1571.)
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