Feb 8, 2007 11:37 am US/Pacific
UC Davis Surgeon Sues Patient Over Website
SACRAMENTO (CBS13) ―
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Picture from Georgette Gilbert's website claiming her cosmetic surgery done by Dr. Jonathan Sykes was a nightmare.
CBS13
A UC Davis surgeon is suing an unhappy patient for defamation.
A couple years ago, Georgette Gilbert posted a website saying her plastic surgery was a nightmare.
According to her website...Georgette Gilbert's plastic surgery was a nightmare and that she wasn't happy with her wide eyed results and uneven brows.
Gilbert says Dr. Jonathan Sykes convinced her into five procedures. She says she started the site to share her experiences, inform and educate.
She states she was "under the impression the result would be very subtle. I really trusted this surgeon and thought he would do only what was in my best interest."
And that "I was told by my doctor that this was a good result. That I looked better after his surgery."
Dr. Jonathan Sykes said that wasn't true and sued for defamtion.
The 3rd District Court of Appeals took the case saying that in our youth and celebrity worshipping culture the benefits and risks of plastic surgery are a hot topic.
At issue: whether Sykes was a public figure.
His face has been all over Sacramento TV, medical journals and even beauty magazines. According to court documents, that's why the court found "..Sykes was a vortex public figure who invited public attention and comments regarding his practice..."
According to the court, Sykes beared a tougher burden than the average joe and the judges found he failed to prove the website claims "..were false" or "uttered with actual malice".
Sykes' attorney Dan Baxter said the court is applying first amendment protection to an essentially unregulated medium.
"The problem with the internet is that anybody, no matter how much of a crackpot they may be can go out and and publish whatever they want without any objective check or balance." Baxter told CBS13.
(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)
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