#LegallySpeaking: Medicolegal Tip for safeguarding your prac
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Tip:
Written permission is mandatory for using patient's photos / interviews / testimonials for marketing / advertisement / publicity

Doctors and hospitals cannot use videos/photographs or disclose the name/identity of the patient to anyone as it breaches the patient's right to privacy. Disclosing any of the aforesaid as a testimonial or for publicity is a bigger sin. Even for academic purposes/research, only the relevant data can be used without disclosing the patient's identity. In case, you intend to use a testimonial in the form of name/photograph/video, a written permission of the patient with appropriate disclosures is mandatory.

In this case, the patient, a Kenyan national, alleged that her post-surgery video-recorded interview taken by the hospital was uploaded by the hospital on a public platform for promotional purposes. The patient pointed that while taking the interview she was clearly given to understand that it was only a mechanism of the hospital for evaluation of their medical services and the same would be used for academic purposes and would not be published or uploaded on any public domain or used for any other purpose.

Facts of the case:

The patient, a Kenyan national, underwent surgery of the brain at the hospital and was discharged on the tenth day. The patient's interview about her experience and treatment at the hospital was recorded on video before discharge.

It was alleged that the patient was clearly given to understand that her video-recorded interview was only a mechanism of the hospital for evaluation of their medical services and the same would be used for academic purposes and would not be published or uploaded on any public domain or used for any other purpose.

It was pointed that post-surgery, the patient was looking for employment in Kenya, gave various interviews but was continuously rejected; later when she browsed the internet through Google search she was shocked to see that, without her consent, the video in which her interview and treatment was recorded, was uploaded by the hospital on 30/08/2012 on YouTube

The patient requested the court to direct the hospital to remove her video/s from any public forum and/or all websites accessible to the public and to pay to her a sum of Rs. 15,00,000/- for the illegal publication of her confidential medical information, mental stress, and loss of future income.

Source: https://pxmd.co/QLP5k

Note: The objective of the #LegallySpeaking initiative is to spread awareness about the medicolegal implications of commonly encountered scenarios in a clinician's daily practice.
Dr. D●●●●●●a C●●●●●●●●●●r and 37 others like this11 shares
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Dr. V●●●●●●j D●●●i
Dr. V●●●●●●j D●●●i Legal Medicine
The ethical aspect (including its legal repercussions) that consent of patient is required in order to publish his identity in relation to any medical condition is well established.
Feb 18, 2020Like6
Dr. R●●●n D●●●i
Dr. R●●●n D●●●i General Management
Correct sir. It is important to note that the law requires a "written" consent in this aspect.
Feb 22, 2020Like1