v line  It could probably be shown by facts and figures that
there is no distinctly native American criminal class except
Congress. ~Mark Twain, Pudd'nhead Wilson's New Calendar,
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Guide    The medical malpractice plaintiff must establish the
appropriate standard of care. In theory, establishing the
standard of care and establishing the breach of that standard
are legally separate. In reality, unless there is a factual
question about what the defendant did, the proof of the standard
of care also proves the defendant's breach. For example, assume
that the defendant admits that she did not counsel the patient
about prenatal testing. If the patient can establish that the
standard of care was to offer this testing, the defendant
breached the standard. If, however, the physician claims to have
done the counseling, the patient will ha