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A Georgia woman is suing an Atlanta-area plastic surgery clinic, asserting they posted nude photographs of her, such as identifying tattoos, in their site, and these photos are still online, such as Yelp and Facebook.
Public disclosure of private facts may be the cornerstone of an invasion of privacy claim. Along with the Health Insurance Portability & Accountability Act generally prohibits physicians and healthcare professionals from discharging any individually identifiable information that relates to the physical or psychological condition or the provision of healthcare to an individual, without that individual’s express permission.
“Given what she does for a living and the public arena where she wants to function, this is the ultimate invasion of privacy,” the woman’s lawyer, Ricardo Mosby, clarified. And though the photographs were removed by the clinic they stay available online. Doe’s suit is seeking injunctive relief and damages, and is claiming violation of federal and state healthcare laws, invasion of privacy, and intentional infliction of emotional distress.
Based on the litigation , the photographs showed recognizable and identifiable tattoos on her body, and, while she signed a”Notice of Privacy Practices Acknowledgment pursuant to the Health Insurance Portability & Accountability Act of 1996 (HIPPA)” before her first examination, she never provided a release for photographs to be published.
This isn’t the first time surgeons have gotten into trouble for posting customer photos. This past year, a Chicago girl sued a plastic surgeon who published before-and-after pictures of her breast augmentation procedure following the girl specifically crossed out that part of her release form. And yet another Chicago surgeon got into hot water after posting before-and-after pictures of this woman’s nasal reconstruction surgery on his web page and tagging them”cocaine ”
The lawsuit was filed on behalf of Jane Doe, a grandmother who had been horrified to find”nude photos of her whole body” was”prominently exposed and displayed” on Celebrity Body Sculpting and Cosmetic Surgery Center’s website. “I’m still sick when I think about it since I take myself in a dignified way. No photos were mentioned.”
Privacy and Techniques
You need to show off the new you, if you have gotten some surgery. And it is clear that practices and surgeons would want to flaunt their work that is great . However, though it’s possible to choose whether and how, and some of the work can be personal to display your body, does this surgeons and practices can post pictures they need online, without your consent?
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