Smith v. Bubak

MELLOY, Circuit Judge.

Tami Smith, as a personal representative of the estate of Velda Smith, sued Dr. Bubak and the remaining Defendants (collectively referred to as “Dr. Bubak”) for medical malpractice, claiming that Dr. Bubak negligently failed to transfer Velda Smith to a medical facility where she could have received tissue plasminogen activator (“tPA”) to treat her stroke. To establish that Dr. Bubak’s negligence proximately caused Velda Smith’s injuries, Tami Smith offered expert medical evidence showing that Velda Smith possessed approximately a fifty-eight percent chance of at least a…