Falcon v. Memorial Hospital

(to affirm). The deposition testimony of *447plaintiff Ruby Falcon’s1 expert witness tended to show that had the defendant physician, S. N. Kelso, Jr., followed the procedures the expert witness claims should have been followed, the patient, Nena J. Falcon, would have had a 37.5 percent opportunity2 of surviving the medical accident that was a cause of her death.

The trial court dismissed the complaint3 because Falcon’s evidence did not show that Nena Falcon probably—defined as more than fifty percent— would have survived if the procedure had not been omitted. The Court of Appeals reversed,…