California, United States of America
The following excerpt is from Salvatto v. Mitchell, A141424 (Cal. App. 2015):
The standard of care is just one element of a cause of action for medical malpractice. "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." (Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305.) In the case of medical battery, the elements of the cause of action are (1) that the defendant performed a medical procedure without the patient's informed consent, (2) the patient was harmed, and (3) the defendant's conduct was a substantial factor in causing the harm. (CACI No. 530A.) Both causes of action include causation and injury as elements that must be proved by a plaintiff to be entitled to relief.
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