New York Court of Appeals Grants Leave on Evidentiary Issue Within Medical Malpractice Context

The New York Court of Appeals recently granted leave to appeal in Hinlicky v. Dreyfuss, which concerns an evidentiary issue within a medical malpractice context.  The issue on appeal appears to be whether an algorithm and table, which the doctors used to assess whether the decedent needed a more entailed cardiac evaluation prior to performing surgery on the decedent, was admissible at trial.  Concomitant with that issue is whether a flowchart based on the algorithm formulated by the medical center was admissible.  The decedent died 25 days after having surgery done on her heart.

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