The unopposed Motion for Summary Judgment by Defendant Joe K. Wong, M.D. is GRANTED.
Plaintiffs have alleged a causes of action for professional negligence and wrongful death. The elements to a claim for medical negligence 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 duty, (3) a proximate causal connection between the negligent conduct and the injury, and (4) resulting loss or damage.” (Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305.) “ ‘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.’ ” (Id. [original emphasis]; Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.)
Dr. Wong has met his initial burden on the cause of action for professional negligence through the declaration of Richard Mansour, M.D., which establishes that Dr. Wong’s care and treatment of Harold L. Thomas (“Decedent”) was within the requisite standard of care at all relevant times, and no negligent act or omission on the part of Dr. Wong caused or contributed to Decedent’s death or Plaintiffs’ damages. (Mansour Decl., ¶¶ 26, 27.) Additionally, Plaintiffs Russell Thomas’ and Benjamin Thomas’ cause of action for wrongful death rests on the viability of the claim for professional negligence. As such, Dr. Wong also met his initial burden on Plaintiffs’ wrongful death claim. Plaintiffs have not opposed the motion and have therefore failed to raise a triable issue of material fact.
Moving party to submit a Proposed Order Granting Summary Judgment and Proposed Judgment within ten (10) days.
The Court schedules and Order to Show Cause re: Submission of a Proposed Order Granting Summary Judgment and a Proposed Judgment for 03/20/2020 at 8:30 AM in Department C24.
Moving party to give notice.