Tuesday, November 12, 2013

Berry v. Cardiology Consultants, P.A. case brief

Berry v. Cardiology Consultants, P.A. case brief summary
909 A.2d 611 (2006)

In a malpractice action against defendants, doctor and employer, plaintiffs filed a motion for post-trial relief asserting that the verdict was against the weight of the evidence and that an algorithm offered through a defense expert witness should not have been admitted into evidence.


  • The decedent passed away, and it was found that the immediate cause of death was acute pneumonitis and amiodarone toxicity. 
  • The doctor had prescribed the decedent with the drug amiodarone. 
  • This was for the purpose of addressing atrial fibrillation. 
  • Plaintiffs' principal argument was that the dosage given to the decedent was double what the standard of care permitted. 
  • In support of their argument that the dosage was excessive, plaintiffs admitted an algorithm that allegedly showed that the dosage given to the decedent was excessive. 
  • The defense called an expert who was a member of a committee that published a pamphlet that addressed treatment of atrial fibrillation. 
  • The defense expert prepared the algorithm in that publication. 
  • This defense algorithm was properly admitted into evidence. 

  • The trial court admitted the algorithm because it was useful as a demonstrative tool in a complex case and because it was a better for the jury to see both the defense algorithm and plaintiffs' algorithm. 
  • Such an algorithm was admissible, in the face of a Del. R. Evid. 801 objection, in order to organize expert testimony in a complex case and to make it more easily understood.

The motion was denied.

Suggested Study Aids and Books

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads

https://www.pexels.com/photo/coworkers-talking-outside-4427818/ Over the last couple of decades, the face of legal marketing has changed a l...