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Articles by Wendy Ketner, M.D.

Court Holds Child’s STD-Positive Diagnosis Is Sufficient Evidence For Pediatric Expert Witness To Assume Abuse

Court: Court of Appeals of North Carolina Jurisdiction: Federal Case Name: State v. Knolton Citation: 2017 N.C. App. LEXIS 332 Facts The defendant was arrested for allegedly sexually abusing his minor daughter, was tried, and found him guilty of seven…

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Oncology Expert Witness Successfully Opines That Workplace Dust Exposure Caused Smoker’s Lung Cancer

Court: Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County Jurisdiction: Federal Case Name: Howell v. CONRAIL Citation: 2019-Ohio-2434 Facts The plaintiff worked for the defendant Conrail from 1975 until his retirement in 2013. The plaintiff earlier worked in…

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General Surgeons Are Not Qualified To Opine On Gastroenterology Standard Of Care, Court Says

Court: Court of Appeals of Mississippi Jurisdiction: Federal Case Name: Cleveland v. Hamil Citation: 155 So. 3d 829 Facts The plaintiff brought this medical malpractice suit against two hospital physicians who treated her deceased husband. The deceased initially presented to…

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Failure To Consult Peer-Reviewed Studies May Render Orthopedic Surgery Expert Testimony Unreliable

Court: District Court of Colorado, La Plata County Jurisdiction: Federal Case Name: Jacobs v. Lawton Citation: 2018 Colo. Dist. LEXIS 3549 Facts The plaintiff suffered a permanent sciatic nerve palsy injury during a total hip arthroplasty performed by the defendants.…

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Dermatologist Accused of Performing Thousands of Unnecessary Procedures for Higher Medicare Reimbursement

Court: United States Court of Appeals for the Eleventh Circuit Jurisdiction: Federal Case Name: United States v. Rosin Citation: 263 Fed. Appx. 16 Facts The defendant was convicted of offenses related to health fraud upon the government for performing unnecessary…

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Court of Appeals Permits Vascular Surgeon’s Expert Testimony In MRI Injection Case

Court: Supreme Court of Oregon Jurisdiction: Federal Case Name: Marcum v. Adventist Health System/West Citation: 345 Ore. 237 Facts In this medical malpractice case, the plaintiff went in for an MRI ordered by her physician. The defendant MRI technician injected…

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FDA Expert Opinion Irrelevant To Breach of Warranty Discussion In Medical Device Class Action

Court: United States District Court for the Eastern District of Pennsylvania Jurisdiction: Federal Case Name: Ctr. City Periodontists, P.C. v. Dentsply Int’l, Inc. Citation: 321 F.R.D. 193 Facts The plaintiffs brought this action against the defendants for breach of express…

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Child Sexually Assaulted By Her Mother’s Partner Comes Forward Years Later

Court: Court of Appeal of Louisiana, First Circuit Jurisdiction: Federal Case Name: State v. Grandison Citation: 2018 La. App. Unpub. LEXIS 314 Facts This sexual abuse case involves a child that was raped by her mother’s boyfriend when she was…

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Forensic Pathology Experts Disagree On Brain Swelling Time Frame In Murder Trial

Court: United States District Court for the Eastern District of Michigan, Southern Division Jurisdiction: Federal Case Name: Unger v. Bergh In this case involving first-degree murder, the court found that it is not necessary for a forensic pathology expert to…

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Patient Allegedly Receives Delayed Lung Cancer Diagnosis Following Chest X-Ray

Court: United States District Court for the Southern District of New York Jurisdiction: Federal Case Name: Salazar v. United States Citation: 2019 U.S. Dist. LEXIS 25245 Facts The plaintiff brought this complaint against the Veteran Affairs (VA) New York Harbor…

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