Berry v. Cardiology Consultants, P.A. case brief
summary
909 A.2d 611 (2006)
CASE FACTS
CONCLUSION
The motion was denied.
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909 A.2d 611 (2006)
CASE SYNOPSIS
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.CASE FACTS
- 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.
CONCLUSION
The motion was denied.
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