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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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4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
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