12-563. Necessary elements of proof


Both of the following shall be necessary elements of proof that injury resulted from
the failure of a health care provider to follow the accepted standard of care:


1. The health care provider failed to exercise that degree of care, skill and
learning expected of a reasonable, prudent health care provider in the profession or
class to which he belongs within the state acting in the same or similar circumstances.


2. Such failure was a proximate cause of the injury.