Berry v. Cardiology Consultants, P.A.
Superior Court of Delaware
909 A.2d 611 (2006)
Berry (plaintiff), a longtime cardiac patient of Dr. Doorey (defendant), was given the drug Amiodarone for post-surgery atrial fibrillation. He later developed pulmonary symptoms another doctor linked to Amiodarone toxicity, and he died soon after, with his death certificate listing Amiodarone toxicity as a cause. Berry's estate sued Doorey and his practice for negligence, presenting expert testimony and a hospital manual (the CSSM) with an algorithm showing Berry had received more than double the recommended Amiodarone dosage. Doorey countered with a different professional-society (ACC) algorithm as the governing standard, which the trial court admitted. The jury found for Doorey, and Berry's estate moved for a new trial, challenging the admission of the ACC algorithm.
Whether a medical algorithm setting out the analytical path, dosage, and regimen for a particular medication can serve as evidence of the applicable standard of care.