What is the test for professional negligence in medical malpractice cases?
California, United States of America
The following excerpt is from Major Clients Agency v. Diemer, 67 Cal.App.4th 1116, 79 Cal.Rptr.2d 613 (Cal. App. 1998):
Where there is no legal duty, the issue of professional negligence cannot be pled because with the absence of a breach of duty, an essential element of the cause of action for professional negligence is missing. (Goldberg v. Frye (1990) 217 Cal.App.3d 1258, 1267, 266 Cal.Rptr. 483.)
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