Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this wrongful death case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
Plaintiffs Have Failed to Produce Legitimate Evidence to Support Their Cause of Action for Wrongful Death.
Wrongful death is a statutorily created cause of action and its elements are outlined within Civil Code §377.60. A cause of action of wrongful death requires evidence of negligence, or other wrongful act, a resulting death and damages, suffered by the heirs. Quiroz v Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1263. In a wrongful death action, the plaintiff must prove the defendant’s conduct was a substantial factor in causing the alleged death. Bromme v Pavitt (1992) 5 Cal.App.4th 1487, 1507.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The evidence presented by plaintiff fails to provide any foundational basis for a reasonable jury to conclude Ms. Hill’s death was a result of any act which occurred at XYZ. There has been no presentation of evidence to indicate the existence of a skin wound on Ms. Hill while she was receiving treatment at XYZ. In addition, plaintiffs have failed to produce any evidence to indicate a foundational basis that the alleged cause of death, sepsis, was in any way related to the skin wound at issue or any other infection process which began or was in any way related to care at XYZ.
In fact, the evidence before this court, as presented during plaintiffs’ presentation of evidence, shows that no culture was performed on the sacral wound, nor was a urinalysis completed to determine the situs of the infection which allegedly caused Ms. Hill’s death. Additionally, the evidence presented shows that the infection process began during Ms. Hill’s residency at Eskaton Care Center, or potentially during her Kaiser admission, all subsequent to her discharge from XYZ. In short, there is no foundational basis to link Ms. Hill’s death, allegedly, although without evidence, due to sepsis, to any conduct or care provided at XYZ.
As a result, the defendants request this court issue a directed verdict as to plaintiffs’ cause of action for wrongful death.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.