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August 2004, Volume 34 Number 8 , p 20 - 20




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    Recently a former patient filed a lawsuit against the hospital where I work. She claims her privacy was violated when the hospital published a photo of her in a public relations brochure. The photo was taken while she was still under anesthesia following a surgical procedure. She claims she never gave permission to be photographed .

    In this teaching hospital, all patients sign a general release when they're admitted. Wouldn't this cover consent to be photographed? —B.D., TEX.

    Figure. No caption available. Not according to our legal consultant, who says that taking photographs of patients while they're sedated is poor practice. A patient must give express permission to be photographed and to have the photo published in a public forum. Even if she signed a general release form, she shouldn't be photographed unless she's been informed about how her likeness may be used and has given the facility ...

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