What are the elements of a professional malpractice claim?
federal, United States of America
The following excerpt is from In re Pace, 146 BR 562 (B.A.P. 9th Cir. 1992):
The appellants assert that for the trustee to hold the malpractice claim on behalf of the estate, four state law elements of a professional malpractice claim must exist. First, there must be a duty; second, a breach of the duty; third, a proximate causal connection between the negligent conduct and the resulting injury; and forth, actual loss or damage resulting from the professional's negligence. See, Thomas v. Cleary, 768 P.2d 1090, 1092 (Alaska 1989).
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