8th Circuit Sides With Patient Over Doctors

Joe Harris reports:

A woman who was awarded $100,000 after a picture of her nude torso appeared in a newspaper article will get a chance to seek more money, the 8th Circuit ruled.

Jane Doe sued three doctors and their plastic surgery business – but not the newspaper – after an April 2006 article in the Riverfront Times about lead defendant Dr. V. Leroy Young and his Body Aesthetic Plastic Surgery & Skin Care Center.

The doctors acknowledged that they cooperated with the St. Louis-based Riverfront Times, claiming they believed the article would focus on weight-loss surgery, not Body Aesthetics’ practice. The doctors acknowledged giving Riverfront Times and its reporter Kristen Hinman a computer disk that included patient pictures, including 14 of plaintiff Doe.

Doe claimed the trial court improperly excluded testimony regarding the use of the picture, which could have increased her award.

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