I might add, that a negative autopsy, negative labs, negative toxicology, in an infant without otherwise injury, by “diagnosis of exclusion”, may have had an idiopathic seizure, or be a candidate for genetic testing, and/or pediatric neuro workup.
This case defines some limits to what a medical expert can consider in rendering “with medical certainty” testimony. This should be a message to the odontologists who rely on law enforcement to determine how many people should be considered potential “biters” [e.g. “uncorroborated’ and unscientific”]. The case was remanded, in part, on this issue.
In the state of Iowa, there is an assistant medical examiner who testified at a hearing before trial in a newborn death case that ……….. [read further in the following section].
Later, the Iowa higher court, upon appeal by the convicted mother, ruled that……
“On retrial, should the State attempt to use Dr. Thompson as an expert witness, the district court should prohibit him from testifying that the cause of death was “drowning” and the manner of death was “homicide.” Likewise, it should redact the portions of the autopsy report stating his ultimate opinions on cause and…
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