Photography Consent and Related Legal Issues

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Facial Plast Surg Clin N Am
May 2010; Page 237 – 244
By: Jeffrey Segal, MD, JD, FACS and Michael Sacopulos, JD

Abstract:

The use of photography is an integral part of any plastic surgery practice. Photographs are part of the patient’s medical record and thus are covered by both federal and state privacy laws. Liability issues may arise when patients are photographed without their knowledge and consent. With proper written consent, practices may use before and after photographs of patients. However, some states have specific requirements as to the manner in which these photographs are taken and what claims may appear as text with the photographs. This article seeks to discuss legal issues associated with the use of photography in plastic surgery practices and provides sample agreements to serve as a basis for addressing these issues.

Full article: Facial Plast Surg Clin N Am 18 (2010) 237–244

Jeffrey Segal, MD, JD
Chief Executive Officer & Founder

Jeffrey Segal, MD, JD is a board-certified neurosurgeon and lawyer. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country's leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

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