Tony Fairbanks field a medical negligence claim against his employer claiming that his MRSA infection was caused by his physician's order to wear compression stockings. Mr. Fairbanks argued that the stockings caused a sore which, in turn, resulted in broken skin and infection. He suffered severe pain and was hospitalized for MRSA treatments for 10 days. Which elements must be proven by Mr. Fairbanks to qualify him to receive compensatory damages? Where will evidence regarding the "standard of care" in this case come from