Hinlicky v. Dreyfuss
New York Court of Appeals
848 N.E.2d 1285 (2006)
Hinlicky (plaintiff), 71, was referred for an endarterectomy to clear arterial plaque; the anesthesiologist, Ilioff (defendant), decided against a pre-operative cardiac evaluation based partly on published American Heart Association/American College of Cardiology clinical guidelines he had incorporated into his practice, given her lack of heart-related symptoms. Hinlicky died 25 days after an otherwise technically successful surgery, and her estate sued Frank, Dreyfuss, and Ilioff's practice for malpractice; at trial, the algorithm was admitted over the estate's objection to explain Ilioff's decision-making, and the jury found for the defendants.
Whether a clinical algorithm that does not purport to state the relevant standard of care may be admitted into evidence when it merely illustrates a physician's decision-making process.