ED Physician and ENT Specialist Disputed as Correctional Medicine Experts

ByWendy Ketner, M.D.

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Updated onMarch 24, 2020

ED Physician and ENT Specialist Disputed as Correctional Medicine Experts

Court: United States District Court for the District of New Mexico
Jurisdiction
: Federal
Case Name
: Jager v. Andrade-Barraza
Citation
: 2019 U.S. Dist. LEXIS 217396

Facts

This case involves a prison fight and resulting prisoner injury. The plaintiff was punched in the face by a fellow inmate and then sent to the hospital for a facial x-ray. The x-ray revealed a separation between facial bones, and a CT scan was recommended. Upon reviewing the scan, a surgical specialist suggested remedial surgery. This would involve either refracturing the bones or placing an implant, both of which carried risks of complications. The plaintiff refused to undergo surgery and later filed a suit against the prison, alleging it failed to adequately treat his facial injuries. In his suit, the plaintiff claimed resulting disfigurement, pain, and loss of opportunity for a better outcome. The plaintiff retained two correctional medicine expert witnesses to support his case.

Correctional Medicine Expert Witnesses

The correctional medicine expert witnesses were both physicians. One expert practiced as an emergency medicine specialist and the second was a plastic surgeon who was also an ENT specialist. They were retained to opine on the standard of care in correctional medicine (medical treatment provided to inmates by a prison).

The defendants challenged the experts’ admissibility. The defendant argued that correctional medicine is a recognized medical specialty in its own right. They further argued that simply having a medical degree was insufficient to establish expertise in this specialized field. The defendant claimed that since the plaintiff’s experts did not specialize in correctional medicine, they did not qualify as experts in this case, even though although they both had expertise in the treatment of prisoners. 

Discussion

The court explained that the caselaw referenced by the defendant did not support their argument. Their motion to strike the experts’ testimony was not structured under Rule 702 nor did it make any reference to Rule 702. The court cited Gayton v. McCoy to assert that expert credentials are not categorical: rather, the court would consider the opinions of the witness separately in order to determine whether they had the appropriate training, expertise and training to reach those conclusions.

The court also rejected the defendants’ argument that the opinions of the experts did not provide any explanation for the treatment provided in a prison clinic. The court noted that not every aspect of a case needs to be fully addressed by expert reports. On the contrary, they need and should address just those topics on which the witness can give an expert opinion.

The court recognized that one expert specialized in emergency medicine and the other was an ENT specialist and a facial plastic surgeon. The court found both of these areas to be clearly related to the injury suffered by the plaintiff. The court asserted that the plaintiff’s injury “fall[s] within the reasonable confines of [their] expertise,” quoting Siegel v. Blue Giant Equip. Corp. The court concluded that their testimony would assist the trier of fact and was therefore admitted.

Held

The defendants’ motion to disqualify the plaintiff’s correctional medicine expert witnesses was denied.

About the author

Wendy Ketner, M.D.

Wendy Ketner, M.D.

Dr. Wendy Ketner is a distinguished medical professional with a comprehensive background in surgery and medical research. Currently serving as the Senior Vice President of Medical Affairs at the Expert Institute, she plays a pivotal role in overseeing the organization's most important client relationships. Dr. Ketner's extensive surgical training was completed at Mount Sinai Beth Israel, where she gained hands-on experience in various general surgery procedures, including hernia repairs, cholecystectomies, appendectomies, mastectomies for breast cancer, breast reconstruction, surgical oncology, vascular surgery, and colorectal surgery. She also provided care in the surgical intensive care unit.

Her research interests have focused on post-mastectomy reconstruction and the surgical treatment of gastric cancer, including co-authoring a textbook chapter on the subject. Additionally, she has contributed to research on the percutaneous delivery of stem cells following myocardial infarction.

Dr. Ketner's educational background includes a Bachelor's degree from Yale University in Latin American Studies and a Doctor of Medicine (M.D.) from SUNY Downstate College of Medicine. Moreover, she is a member of the Board of Advisors for Opollo Technologies, a fintech healthcare AI company, contributing her medical expertise to enhance healthcare technology solutions. Her role at Expert Institute involves leveraging her medical knowledge to provide insights into legal cases, underscoring her unique blend of medical and legal acumen.

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