1. A duty of duty care: a duty exists whenever a hospital or healthcare provider or therapist undertakes care or treatment of a patient.
2. Breach of duty: the provider failed to conform to the relevant standard care.
3. The breach caused an injury/damage: the breach of duty was a direct cause and the proximate cause of the injury/damage (losses which may be pecuniary or emotional).

University of Illinois at Urbana-Champaign

Professional negligence occurs when a person improperly performs the duties of that profession, and someone is harmed as a result.

Professional negligence

Vinay, B., Lakshmi, J., & Math, S. B. (2016). Ethical and legal issues in psychotherapy. In Ethical Issues in Counselling and Psychotherapy Practice (pp. 199-217). Springer, Singapore. https://doi.org/10.1007/978-981-10-1808-4_13

Ethical and Legal Issues in Psychotherapy

Elements that are essential to prove the case of negligence

1. Recklessness in undertaking a treatment or recklessness in the treatment of it
2. Indifference in handling of medical cases 
3. Failure to act diligently and alertly at the appropriate time
4. Wrong diagnosis or treatment which under no norms of practice can be justified
5. Evident negligence like amputating a wrong limb or administering a prohibited or known counterproductive medicine
6. Misrepresenting that one possesses the skill or expertise which he/she does not possess

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