California, United States of America
The following excerpt is from Kapuya v. Beverly Medical Associates, B204970 (Cal. App. 6/23/2009), B204970. (Cal. App. 2009):
Appellant seeks damages for the wrongful death of his mother. "A cause of action for the death of a person caused by the wrongful act or neglect of another" may be asserted by the decedent's surviving children. ( 377.60.) Under this section, "the plaintiff must prove the death was `caused by' the defendant's wrongful act or neglect, i.e., the wrongful act or neglect was a cause in fact of the death." (Bromme v. Pavitt (1992) 5 Cal.App.4th 1487, 1497-1498.) To constitute a "cause in fact," the wrongful act must be a "substantial factor in bringing about" the death. (Id. at p. 1498.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.