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Under Medicine ("Fatal Tonsillectomy") in the Aug. 26 issue of TIME, you reported the death of Walter P. E. Freiwald Jr., "from too much ether in his lungs and brain," after the administration of an anesthesia by Dr. Charles T. Markert, osteopathic physician...

Author: /time Magazine | Title: Letters, Dec. 16, 1940 | 12/16/1940 | See Source »

...call your attention to the fact that a jury in the Bergen County (N. J.) Court of Quarter Sessions fully exonerated Dr. Markert of responsibility for this fatality. The director of anesthesia for Kings County Hospital, Brooklyn, and the assistant medical examiner of New York City both testified at the trial that Freiwald's death was caused by status lymphaticus, and that the patient did not die from the cause stated in your article...

Author: /time Magazine | Title: Letters, Dec. 16, 1940 | 12/16/1940 | See Source »

Qualified expert witness testified that Dr. Markert not only used correct procedures in the case but that both he and the surgeon were properly cautious. Dr. Markert was not charged or accused of being unqualified to administer the anesthesia under the circumstances. Statement by the prosecutor and the judge's charge to the jury show that the case hinged wholly on whether he was guilty of negligence or carelessness. The jury held that he was not and brought in a verdict of not guilty...

Author: /time Magazine | Title: Letters, Dec. 16, 1940 | 12/16/1940 | See Source »

...TIME is glad to place on the record the exoneration of Osteopath Markert...

Author: /time Magazine | Title: Letters, Dec. 16, 1940 | 12/16/1940 | See Source »

...Markert was promptly arrested, charged with manslaughter, held on $990 bail. Maxfield was photographed, fingerprinted and released. He had not transgressed the law. Said Walter's bereaved mother to reporters: "We had all the confidence in the world...

Author: /time Magazine | Title: Medicine: Fatal Tonsillectomy | 8/26/1940 | See Source »

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