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Burned: once by clinic, then by court

Cosmetic surgery goes very badly

Daniel Keehn went to court complaining that he suffered permanent injuries to his face, neck, and chest after undergoing treatment at La Jolla Cosmetic Laser Clinic. The trial court threw out his case, saying, among other things, that the statute of limitations had already run out, and that the doctor who served as Keehn's expert witness wasn't properly qualified.

In a decision August 5, the Fourth Appellate District Court of Appeal reversed the trial judge's judgment, saying that some of Keehn's complaints are valid.

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The trial court erred by excluding Keehn's expert witness, said the appellate court. The statute of limitations had not run out because Keehn had been told by the clinic that his condition was part of the Intense Pulse Light treatment and no one had told him he had suffered second-degree burns.

The clinic's lawyer had argued that the physician who was an expert witness on Keehn's behalf was making judgments beyond his scope of expertise. But the appellate court noted that the expert witness had gone to Stanford Medical School, had been a dermatology resident at the University of California Los Angeles, is board-certified in dermatology and cosmetic surgery, and reviews manuscripts for learned journals in the fields of dermatology and cosmetic surgery.

The case was remanded to the trial court.

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Daniel Keehn went to court complaining that he suffered permanent injuries to his face, neck, and chest after undergoing treatment at La Jolla Cosmetic Laser Clinic. The trial court threw out his case, saying, among other things, that the statute of limitations had already run out, and that the doctor who served as Keehn's expert witness wasn't properly qualified.

In a decision August 5, the Fourth Appellate District Court of Appeal reversed the trial judge's judgment, saying that some of Keehn's complaints are valid.

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The trial court erred by excluding Keehn's expert witness, said the appellate court. The statute of limitations had not run out because Keehn had been told by the clinic that his condition was part of the Intense Pulse Light treatment and no one had told him he had suffered second-degree burns.

The clinic's lawyer had argued that the physician who was an expert witness on Keehn's behalf was making judgments beyond his scope of expertise. But the appellate court noted that the expert witness had gone to Stanford Medical School, had been a dermatology resident at the University of California Los Angeles, is board-certified in dermatology and cosmetic surgery, and reviews manuscripts for learned journals in the fields of dermatology and cosmetic surgery.

The case was remanded to the trial court.

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The latest copy of the Reader

Please enjoy this clickable Reader flipbook. Linked text and ads are flash-highlighted in blue for your convenience. To enhance your viewing, please open full screen mode by clicking the icon on the far right of the black flipbook toolbar.

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Submit a free classified
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Previous article

Trophy truck crushes four at Baja 1000

"Two other racers on quads died too,"
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Poway’s schools, faced with money squeeze, fined for voter mailing

$105 million bond required payback of nearly 10 times that amount
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