What is the test for a claim for negligence in a medical malpractice action?

1149, 1153.) We decide whether there is a reasonable possibility that the defect can be cured by amendment: if it can be, the trial court has abused its discretion and we reverse; if not, there has been no abuse of discretion and we affirm. (Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.) The appellant carries the burden of showing that amendment would cure the defect. (Ibid.)

II. Than failed to state a claim for negligence

The elements of any negligence cause of action are duty, breach of duty, proximate cause and damages. (Artiglio v. Corning Inc. (1998) 18 Cal.4th 604, 614.) The trial court found that Than failed to state a claim for negligence because she did not allege facts sufficient to satisfy the element of duty. While Than challenges this ruling on appeal, she has failed to allege facts sufficient to state a claim for negligence.