Doctors Posting Pictures With Identities Exposed

[Ahairdown]

I had asked this in another thread but the question wasn't answered and the thread ended getting locked. I think this deserves a thread of it's own anyways as I have witnessed this occuring multiple times since I've been a member of this forum, in instances where the patient was questioning his results, and the doctor (or their 'representative') dropped in photos with their identities fully exposed while 'debating' them. Subsequently, the patients were distraught by this exposure each time it occurred, and rightfully so.

 

There is a lot of information out on the web this topic. Like I suspected, it does look like these were illegal acts unless the typical waiver was signed by the patient. What I didn't know however, was that this patient doctor agreement is also a constitutional right.

 

Are there any lawyers that are a part of this forum? I would like confirmation about what I'm interpreting here, and also am curious if these victims have legal recourse against the doctors if and when this happens?

 

And by the way, my intent here is to not cause controversy, but rather to help prevent this from occuring going forward.

 

Thank you in advance.

 

Doctor-Patient Confidentiality: Encyclopedia of Everyday Law

Edited July 30, 2011 by Ahairdown

[Guest Ian512017155]

I would assume unless they had the patients permission to do so. If not I am sure it would be a violation of the doctor patient privacy rights.

[TakingThePlunge]

Ahairdown,

 

I'm pretty confident that exposing a patient's identity without their consent could land a physician in legal hot water. That said, I honestly don't believe that there are any sinister motives behind these occurrences here.

 

I think that these missteps are more likely the result of one or both of the following:

 

 

1. User error - let's face it, even in this day and age there are lots of folks who struggle with basic computer skills. For some people (even physicians), simply renaming or uploading images is a struggle. Just look at the Anthony Weiner debacle.
   
2. Haste - These errors often take place in the midst of a heated discussion when clinics may feel under pressure to get their side of the story out asap. I've made plenty of careless mistakes under pressure...Bill can attest to this!
   

 

While a patient may be legally capable of suing for such a breach of privacy, I would hope that there would be some degree of understanding just as I would hope that doctors would give patients the same benefit of the doubt and not be so quick to threaten legal action unless there is clear proof of malicious intent.

 

In a litigious society such as our own, I'm sure it wouldn't be too hard to find a lawyer to take on the case.

[aaron1234]

I once accidentally posted post-op pictures with my face completely unblocked. What did I do? I called a lawyer and sued my own ass.

[RCWest]

I once accidentally posted post-op pictures with my face completely unblocked. What did I do? I called a lawyer and sued my own ass.

 

So who won??

[Ahairdown]

David, good points! You do an awesome job around here by the way. What bothers me in the cases where they were posted, was that the patient was unhappy about there results. The doctor/rep comes in after the fact debating them and these pictures show up. Seemed like an intimidation move in all three cases from my perspective. It rattled the ex-patient in all three instances so I guess it worked.

[LondonHTseeker]

I've discovered that everyone signs a waiver for their photos to be used when they sign the surgery consent form with Dr Feller, so technically he did nothing wrong.

[Ahairdown]

London, you were only one of the people that this happened to which is why I started the topic. Did you know this when you signed it? I'm surprised that his is combined, I wouldn't have signed it in that case.

[LondonHTseeker]

It clearly states it on the copy of the consent form with my signature on that I've had emailed to me by Spex. To be honest I'm surprised I signed it, but I cannot remember anything about it so I don't know if I verbally verified that my face wouldn't be used in any publication or I just rushed through and signed the thing. I asked Spex via email whether a lot of people object to that clause but he said that faces are blocked out (although the consent form doesn't stipulate that they will be).

 

P.S. The consent form may well be different for Dr Feller's patients now because I'm talking about one from five years ago. It may be a bit more refined now as regards consent for photos to be used.

Edited August 2, 2011 by LondonHTseeker
Added a P.S.

[Ahairdown]

Thanks for following up London.

[jessie1]

Ahairdown,

 

This is an interesting thread. I think I recall seeing full unediting pics on the Albion71's thread. I think they have since been edited.

 

I was absolutely shocked as I feel that this is a flagrant breach of protecting ones identity..

 

Again, it's impossible to get inside the Doc's head so who knows what they re thinking ,but I do agree with an earlier comment that these are not intentional sinister motives, after all this only serves to tarnish the Doc's reputation.

 

The disclaimer: I have had 3 HT and I vaguely remember signing a specific section on photos. Again, the disclaimer is put in front of you on the day of the op when your adrenaline is sky high and perhaps mentally you are not particularly in the best shape. On each occasion I recall being very nervous, so how much thought process goes into the disclaimer on the day, other than trying to keep your hand still so that your signature actually resembles something like the norm?! That is my experience anyway.

 

This thread links quite well with the thread that Bonkers started, asking whether Docs would be willing to post their disclaimer on the forum. I'm sure that each Doc will have their own disclaimer but they will all share the same principals.

 

I think that many of us will be on the same page when it comes to the posting of unedited pics. Unless the Doc has been given confirmed 'nailed on' consent then it shouldn't happen.

 

Ahairdown, great thread and will strike a chord with a lot of forum members.

Likewise with the one Bonkers started with the whole disclaimer thing.

 

Jessie1

[Janna]

I posted a copy of our surgery consent form on the disclaimer thread that Spanker started. Bonkers is participating in the thread but I'm pretty sure Spanker started...just to give credit where credit is due.

 

We have two separate consent forms, one for surgery and one for posting pics. If both are tied together in one consent form, there should be a section to opt out of signing for pics while still consenting to surgery. A clinic cannot turn down a patient if they consent only for surgery but say no to pic release. These forms and other pertinent info should be given to patients well before surgery so they can look them over. It doesn't bode well for the clinic or the patients to encounter surprises on surgery day.

[NEWHAIRPLEASE]

I once accidentally posted post-op pictures with my face completely unblocked. What did I do? I called a lawyer and sued my own ass.

 

Funny? Did you win any money? Ha

[Ahairdown]

Janna, you're a class act! Thank you for posting!

[aaron1234]

Funny? Did you win any money? Ha

 

I didn't post that to discredit ahairdown's thread. I just wanted to show that if the patient can be boneheaded enough to post post-op pics showing his whole face uncovered that it is entirely possible for doctors to make the same mistake occasionally. It doesn't necessarily take malicious intent that's for sure.

[Ahairdown]

Hear ya aaron! The docs/reps do this for a living though. Big difference, they knew what they were doing.

[freakin]

If you are expected to sign a highly leveraged contract without time afforded for legal review (minutes prior to surgery) raises a HUGE red flag. This is especially compounded if you are under psychological and financial duress.

 

Has anyone not agreed to the terms and what was the outcome?

[Ahairdown]

Hey freakin, glad you could join us in the discussion. When I went for my HT, I was really calm, but was confident in what I was doing at that point because I had done a lot of research. Some aren't so maybe it does make sense to have them signed before the actual day of the procedure.

 

I'm not going to name names, but I've heard of a case where a patient stated he was given valium BEFORE signing the consent forms. Recommended doc on here by the way.

 

And yeah I agree, I read every word on those pieces of paper before signing them

[Spanker]

It is definately a big big no-no and can get the doctor sued. Whoever accredits his clinic could also fine and/or block the accreditation. It is known as the HIPPA Act and as a hospital employee we are constantly having to train on it. I believe a violation is also punishable by up to 5 years in prison and $250,000 fine. That is not a joke either.

 

 

But I agree, if it was an honest accident I would never try to get someone in trouble over it if I was the pt becasue the outcome can be so serious.

Edited August 1, 2011 by Spanker