nursing staff had improperly recorded Marco's vital signs and that absent that dereliction Marco might still be alive. However, Professor Sabo admitted that she was not qualified to express an opinion concerning the effectiveness of surgical intervention in saving Marco's life.
Appellant's other expert, Dr. Ivan Tiholiz, opined in his deposition that the medical attention and care provided to Marco were negligent and below the appropriate standard of care. Dr. Tiholiz also testified that Marco might have lived if he had received proper medical treatment, including decompression. However, Dr. Tiholiz admitted that even if Marco had received medical attention of acceptable quality, it was more likely than not that Marco's hemorrhage would have been fatal.[2]
Respondents' expert, Dr. Richard Lewin, a neurosurgeon, testified by deposition that surgical intervention could notof survival," falls short of the threshold showing necessary to raise the asserted chance of survival to an issue which may properly be submitted to a jury.
Dr. Tiholiz testified that with proper nonnegligent medical treatment and decompression, Marco might have lived. However, he also testified that even with proper medical attention, more likely than not, Marco's hemorrhage would have been fatal. Upon further questioning, he also testified that Marco had less than a fifty percent chance of survival.
Respondents' expert opined that there was less than a one percent chance of survival, given Marco's congenital condition, and then qualified "survival" to mean living as a quadriplegic or while continually sustained by a respirator. Thus, there was an apparent agreement among the experts that whatever Marco's chances of survival, they