Your browser doesn't support javascript.
loading
Legal Ramifications of Publishing Patient Photographs: A Review of Legal Cases.
Patmon, Darin; Sandhu, Harminder; Girotto, John; Ford, Ronald.
Afiliação
  • Patmon D; From the Michigan State University College of Human Medicine, Grand Rapids, Mich.
  • Sandhu H; From the Michigan State University College of Human Medicine, Grand Rapids, Mich.
  • Girotto J; Helen DeVos Children's Hospital, Grand Rapids, Mich.
  • Ford R; Plastic Surgery, Spectrum Health/Michigan State University Plastic Surgery Integrated Residency, Grand Rapids, Mich.
Plast Reconstr Surg Glob Open ; 11(8): e5162, 2023 Aug.
Article em En | MEDLINE | ID: mdl-37547352
The use of photography in plastic surgery has become standard of practice in recent years. Patient photographs have diverse utility and can be used to visualize medical progression, and as an educational and marketing tool. With increased publication of patient photographs outside the healthcare records, it is important to understand patient privacy rights and how they pertain to images. Additionally, it is valuable to understand the legal consequences associated with dissemination of patient photographs without proper consent. Methods: A retrospective analysis of the Lexis+ legal database was conducted to obtain cases that involved the improper dissemination of patient photographs or videos by surgeons. Inclusion criteria included civil cases in which the defendant was a surgeon being sued for the improper use of patient photographs. Criminal cases were excluded from analysis. Results: A total of 23 cases met the inclusion criteria for our study. On average, 2.13 defendants were listed per case, often including the accused surgeon and their employer. Prior photographic consent was obtained in 69.57% (n = 16) of cases. In the remaining seven cases, the defendant did not obtain consent. In all seven of these cases, either the court ruled in favor of the plaintiff or both parties reached a settlement outside court. Conclusions: To mitigate risk, surgeons should maintain two separate photographic consent forms for internal and external use. Additionally, a formal audit process should be established to ensure proper consent has been established before publishing patient photographs external to the electronic medical records.

Texto completo: 1 Base de dados: MEDLINE Idioma: En Ano de publicação: 2023 Tipo de documento: Article

Texto completo: 1 Base de dados: MEDLINE Idioma: En Ano de publicação: 2023 Tipo de documento: Article