What are the elements of a medical malpractice claim?
California, United States of America
The following excerpt is from Jones v. Carraby, D077390 (Cal. App. 2021):
An action for medical malpractice requires the plaintiff to show four elements: (1) the medical professional's duty to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty' ; (3) an injury caused by the professional's negligence; and (4) resulting damages. (Gami v. Mullikin Medical Center (1993) 18 Cal.App.4th 870, 877.)
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