What are the elements for professional negligence in medical practice cases?
The following excerpt is from Fisher v. U.S.A, CASE NO. 1:08-CV-00326-AWI-DLB PC (E.D. Cal. 2011):
Under California law, the elements for professional negligence, such as medical malpractice, 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." Turpin v. Sortini, 31 Cal.3d 220, 229-30 (1982).
The general rule applicable to medical practice cases is:
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