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Joshi v. Providence Health System of Oregon Corp.3/30/2005
es is not sufficient." Cleland v. Wilcox, 273 Or 883, 887, 543 P2d 1032 (1975); Sims v. Dixon, 224 Or 45, 48, 355 P2d 478 (1960); see also Henderson v. U. P. R. R. Co., 189 Or 145, 162, 219 P2d 170 (1950) ("Without competent medical testimony that the blow which the plaintiff received was the probable cause of the gangrene and resulting amputation, there could be no case sufficient to go to the jury on that question." (Emphasis added.)).
Plaintiff concedes that her expert did not state that Joshi probably would have lived had defendants not been negligent. In her brief, she states, "Dr. Jaush could not say that it was more probable than not that any of these treatments would have changed the outcome in this particular case and thus saved Mr. Joshi's life." Instead, her expert opined that there was, at most, a 30 percent possibility that the treatments would have saved Joshi's life. As discussed, the mere possibility that defendants' negligence caused Joshi's death is not enough. Plaintiff was required to show that there was a reasonable medical probability that Joshi's death would not have occurred in the absence of defendants' negligence. Accordingly, the trial court did not err in directing a verdict for defendants.
Affirmed.
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