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• The healthcare provider or hospital undertook a legal duty of care in respect of the patient;
• The legal obligation of the healthcare provider or hospital to provide a certain level of care and treatment was breached.
Occurs when a doctor or other health care professional provides sub-standard care to a patient—in other words, the health care professional fails to provide the type and level of care that a prudent, local, similarly-skilled and educated provider would act with in similar circumstances.