What are the elements of a medical malpractice case?

California, United States of America


The following excerpt is from Kirby v. Prime HealthCare Centinela LLC, B228909 (Cal. App. 2012):

violated a statute, ordinance, or regulation of a public entity; (2) the violation proximately caused death or injury to person or property; (3) the death or injury resulted from an occurrence of the nature of which the statute, ordinance, or regulation was designed to prevent; and (4) the person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted." (Galvez v. Frields (2001) 88 Cal.App.4th 1410, 1420.) The first two elements are questions of fact, while the latter two are questions of law. (Ibid.)

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