Topic: substantial possibility of survival · Go Syfert
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Topic #18352

7 canonical passages across 4 cases, quoted by 22 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Blondel v. Hays.

#Case FlagCanonical passage Citers
1 Blondel v. Hays Anchor
va · 1991
green “substantial possibility of survival” 6
2 Poliquin v. Daniels
va · 1997
green “to a reasonable degree of medical probability that, had the defendants known what they should have known about the decedent's condition prior to surgery and, thereafter, employed the appropriate procedures during surgery, the decedent would have survived the surgery” 3
3 Bryan v. Burt
va · 1997
green “substantial possibility of survival” 3
4 Murray v. United States
vaed · 1999
green “neither side has proven by a preponderance of the evidence whether or not the decedent could have secured life saving surgery by 3:55 a.m.” 3
5 Murray v. United States
vaed · 1999
green “possibly could have obtained life saving surgery, and his possibility of survival in these circumstances was between thirty and sixty percent.” 3
6 Murray v. United States
vaed · 1999
green “the applicable test for proximate cause is whether the defendant's negligence destroyed a substantial possibility of the decedent's survival from the condition misdiagnosed or mistreated.” 3
7 Blondel v. Hays
va · 1991
green “courts in a number of other jurisdictions have adopted the 'substantial possibility of survival' standard for jury instructions . . ., but we are not persuaded of the wisdom of that policy.” 1

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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