Sylvia Myers v. Joan Davies, M.D., Joan FC Davies MD, Inc.
Published: Dec. 23, 2006 | Result Date: Mar. 5, 2006 | Filing Date: Jan. 1, 1900 |Case number: DR050151 Verdict – Defense
Facts
Plaintiff Sylvia Myers suffered from pre-cancerous lesions, which were removed by defendant Joan Davies, a medical doctor. Later, she had a 70 percent glycolic acid peel performed by Dr. Davies. A glycolic acid peel is a cosmetic procedure, usually performed on the face, to remove the top layer of skin and even tone, to prevent the signs of aging. Plaintiff had already undergone two prior peels with defendant. Each time, the peel increased in strength. Plaintiff claimed that she experienced pain during the peel, and that she experienced scars and blisters after the peel. She sued defendant for medical malpractice.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that she had complained to the medical staff during the peel that she was in pain. However, the peel was not removed. After the peel, she claimed she suffered from scars and blisters. She also contended that whenever the affected skin was exposed to ultraviolet light without sunscreen, it develops hyperpigmentation. Her doctor told her to wear sunscreen when outdoors on sunny days to prevent it. She alleged that the hyperpigmentation adversely affected her self confidence as well.
DEFENDANT'S CONTENTIONS:
Defendant claimed that she followed proper procedures at all times. She denied that plaintiff had complained of discomfort, and the office chart did not reflect any complaints. Finally, defendant contended that a large portion of the population must wear sunscreen when outdoors on a sunny day.
Settlement Discussions
Plaintiff demanded $29,999.
Specials in Evidence
Plaintiff also requested her lost wages.
Damages
Plaintiff sought recovery for her pain and suffering.
Result
The jury found for the defendant.
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