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8. Negligence has been interpreted in various judgments as breach of a duty caused by the omission to do something, which a reasonable man, guided by those considerations, which ordinarily regulate the conduct of human affairs, would do or doing something which prudent reasonable man would not do. Thus there consists of three constitute of negligence:

I) a legal duty to exercise due care, owed by defendant to the complainant;

II) breach of the said duty; and III) consequential damage.

9. Damage is a necessary ingredient for negligence. Once it is found that there is "duty to treat" there would be corresponding "duty to take care" upon the Doctor qua his patient. When reasonable care, expected of the medical professional, is not rendered and the action on the part of the medical practitioner comes within the mischief of negligence, it can be safely concluded that the said Doctor did not perform his duty properly, which was expected of him under the law and breached his duty to take care of the patient.