Evidence map›Paper›PMID 37547352›Full record

ArticlePlastic and reconstructive surgery. Global open2023

Legal Ramifications of Publishing Patient Photographs: A Review of Legal Cases.

Darin Patmon, Harminder Sandhu, John Girotto, Ronald Ford

Abstract read
In one paragraph

Article in Plastic and reconstructive surgery. Global open, 2023. The graph could read no effect estimate from its abstract, so it casts no vote on the map. Cited by 2 papers.

0numbers the graph read from it
0cells of the map it votes in
2citing papers in PubMed
–field-weighted citation impact
1 · What the graph read from it

What it found

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The abstract states no effect estimate the extractor could read, or names no intervention and outcome on the map, so this paper lights no cell and moves no belief. It is still indexed, cited and linked below.

2 · The registry

The trial behind it

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Neither the registry nor the abstract names a trial number. If this is a trial report, that itself is worth knowing.

3 · Its place in the literature

Who cites it

2 citing papers in PubMed.

  1. Article
  2. Article
4 · The record

Corrections and comments

PubMed lists nothing against this paper. Absence here is not a guarantee, only a check that was made.

5 · Who and what money

Authors and funding

4 authors.

Darin PatmonFrom the Michigan State University College of Human Medicine, Grand Rapids, Mich.
Harminder SandhuFrom the Michigan State University College of Human Medicine, Grand Rapids, Mich.
John GirottoHelen DeVos Children's Hospital, Grand Rapids, Mich.
Ronald FordPlastic Surgery, Spectrum Health/Michigan State University Plastic Surgery Integrated Residency, Grand Rapids, Mich.

Funding

No grant is acknowledged in the PubMed record.

6 · The paper itself

Abstract

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.

Identifiers

PMID37547352
PMCPMC10400045

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Registered trials

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Read under generation 80e0d062 · epoch 390. Bibliography from PubMed, PubMed Central and OpenAlex; grants from NIH RePORTER; trial links from ClinicalTrials.gov; estimates, votes and beliefs from the OpenQuestion graph.