What is the test for criminal negligence in medical malpractice cases?

Criminal negligence has been defined in a variety of ways. In People v. Penny, supra, 44 Cal.2d at page 879, the court explained:" '[C]riminal negligence' " exists when the defendant engages in conduct that is " 'aggravated, culpable, gross, or reckless' "; i.e., conduct that is " 'such a departure from what would be the conduct of an ordinarily prudent or careful man under the same circumstances as to be incompatible with a proper

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regard for human life, or in other words, a disregard of human life or an indifference to consequences.' " Similarly, in People v. Rodriguez (1960) 186 Cal.App.2d 433, 440, the court stated that criminal negligence exists "when a man of ordinary prudence would foresee that the act would cause a high degree of risk of death or great bodily harm."