Murray v. United States

Reversed and remanded by published opinion. Judge GOODWIN wrote the opinion, in which Judge NIEMEYER and Senior Judge MINER joined.

OPINION

GOODWIN, District Judge:

This wrongful death action arises from the negligent medical services provided by Dr. James Hendricks, an agent of the McDonald Army Community Hospital, to Weston Murray, the plaintiffs deceased husband. The issue on appeal is whether the district court, in reaching a verdict for the plaintiff, Loretta Murray, correctly applied the concept of “substantial possibility of survival” to the element of proximate cause. We conclude that…