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AAOS Now

Published 1/1/2007

Grievance Summaries

Edward F. Quinn III, MD, Milford, Del.

AAOS Fellowship suspended for one year

A grievance alleging violations of the Standards of Professionalism (SOPs) on Orthopaedic Expert Witness Testimony was filed against Edward F. Quinn III, MD, based on a case that arose from postoperative care following shoulder arthroscopic surgery.

In deposition testimony, Dr. Quinn stated that the postoperative care provided to the patient was substandard, although physical therapy notes indicated that the patient was making slow progress. In addition, Dr. Quinn failed to adequately seek and review all pertinent medical records, which he admitted should exist, prior to rendering an opinion on the medical or surgical management of the patient.

Dr. Quinn was found to have violated the following Mandatory Standards:

  • An orthopaedic expert witness shall evaluate the medical condition and care provided in light of generally accepted standards at the time, place and in the context of care delivered;
  • An orthopaedic expert witness shall neither condemn performance that falls within generally accepted practice standards nor endorse or condone performance that falls outside these standards; and
  • An orthopaedic expert witness shall seek and review all pertinent medical records related to a particular patient prior to rendering an opinion on the medical or surgical management of the patient.

A hearing before the Committee on Professionalism (COP) resulted in a recommendation of a one-year suspension. Following an appeal hearing, the Judiciary Committee upheld the COP’s recommendation. The Board of Directors voted to suspend Dr. Quinn’s fellowship in AAOS for a period of one year.

John A. Ogden, MD, Atlanta

Censured

A grievance alleging violations of the Standards of Professionalism (SOPs) on Orthopaedic Expert Witness Testimony was filed against John A. Ogden, MD, based on his answers to interrogatories (written questions filed during the discovery phase) in a medical liability lawsuit.

Dr. Ogden was found to have violated the following Mandatory Standard:

  • An orthopaedic expert witness shall provide opinions and/or factual testimony in a fair and impartial manner.

When asked to list the caption of any case in which he had provided sworn expert testimony in the past 12 months, including deposition or trial testimony, Dr. Ogden responded, “Although I am unable to list the caption of any case in which I have provided sworn testimony within the past year, I did give one deposition approximately ten (10) months ago in regard to a matter involving a minor’s claim for knee injury/damage. The case was settled, and I did not need to appear at trial. I am not in possession of any records relative to that case.”

During a grievance hearing, the COP was presented with evidence that Dr. Ogden had given multiple depositions and had testified in at least two trials during the period in question. The COP found Dr. Ogden’s answers to the interrogatories to be disingenuous and unresponsive.

Following a grievance hearing at which Dr. Ogden did not appear, the COP recommended that Dr. Ogden be censured. Dr. Ogden did not appeal this recommendation. The Board of Directors affirmed the recommendation and voted to censure Dr. Ogden.