St. Joseph
14 So. 3d 1124 (Fla. 2nd DCA 2009) (June)
A man and his wife sued a hospital after he suffered a stroke that he alleged could have been prevented by the administering of a certain drug. The hospital moved for a directed verdict, but the trial judge refused to grant one. The district court reversed and held that a directed verdict should have been granted. It held that the plaintiffs failed to prove that the man would more likely than not have benefitted from being administered the drug. The plaintiffs offered testimony from a medical expert at trial who said the drug would have helped the man, but the district court found that it did not prove that the drug made it 51 percent more likely to help him than not.