What are the elements of the cause of action in a medical malpractice case?
California, United States of America
The following excerpt is from Commercial Standard Title Co. v. Superior Court, 155 Cal.Rptr. 393, 92 Cal.App.3d 934 (Cal. App. 1979):
1 The elements of the cause of action are: (1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence. (Budd v. Nixen, 6 Cal.3d 195, 200, 98 Cal.Rptr. 849, 491 P.2d 433.)
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