What are the elements of a wrongful death claim?

California, United States of America


The following excerpt is from Pinkney v. Lighthouse Health Ctr., B231630 (Cal. App. 2012):

"'The elements of the cause of action for wrongful death are the tort (negligence or other wrongful act), the resulting death, and the damages, consisting of the pecuniary loss suffered by the heirs. [Citations.]' [Citation.]" (Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1263, italics omitted.) Appellants alleged that the underlying torts were professional negligence and elder abuse. Turning first to appellants' claim of negligence, or medical malpractice, "'[t]he elements of a cause of action for medical malpractice are: (1) a duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise; (2) a breach of the

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duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.' [Citation.]" (Chakalis v. Elevator Solutions, Inc. (2012) 205 Cal.App.4th 1557, 1571.)

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