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Prabhu v. Levine6/24/1993
ractice case.
The mere possibility that a defendant's conduct may have caused the injury or loss of chance does not provide sufficient causation as a basis for liability. The plaintiff has the burden of introducing evidence which forms a reasonable basis for the conclusion that it is more likely than not that the conduct of the defendant was a substantial factor in bringing about the result. When the matter remains one of pure speculation and conjecture, or the probabilities are at best evenly balanced, you must find for the defendant. W. Page Keeton et al., Prosser and Keeton on the Law of Torts ยง 41, at 269 (5th ed. 1984).
We conclude that the evidence presented at trial was not sufficient to show, to a reasonable medical probability, that Ms. Franco's injuries were caused by Dr. Prabhu's failure to diagnose her brain tumor in February of 1982. Accordingly, for the reasons discussed above, we must reverse the judgment of the district court.
Rose, C. J., Steffen and Young, JJ., and Breen, D. J., concurs.
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