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In a malpractice action in negligence for breach of the standard of care, the plaintiff must establish that:
- The defendant owed a duty of care to the patient;
- The defendant breached the standard of care required by the common law (the law made by judges);
- The patient suffered an injury; and
- The breach of the standard of care by the defendant was the actual and legal cause of that injury (and any losses or expenses claimed as a result of that injury).
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