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  1. #1
    Join Date
    May 2020
    Posts
    9

    Default Doctor Posted a Video of My Procedure Without My Consent. What Do I Do

    My question involves a consumer law issue in the State of: CA

    I signed a video release authorization that permitted my procedure to be filmed for internal use, but I specifically signed the portion that says: "I DO NOT authorize the use of these photos, films or videos for social media advertising purposes (ie: Facebook, Instagram, Snapchat, etc)."

    The doctor posted a video of my procedure on his Facebook story highlights, where it has been broadcast (unbeknownst to me) to thousands of his followers over the last 6 months. My face was NOT shown in these videos, but it did show a small tattoo through which I can potentially be recognized. In the video, the doctor verbally discusses OTHER procedures I was undergoing at his office. My embarrassment comes in people who know me potentially identifying me through the video and learning of other procedures I am undergoing.

    What legal action can I pursue? Are there damages? Is it worth pursuing something with an attorney or should I just ask the doctor to take it down?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,841

    Default Re: Doctor Posted a Video of My Procedure Without My Consent. What Do I Do

    First thing you should do is write him and tell you to stop disseminating it.

    Then you have to have a frank decision is how have you personally been damaged by the publicity. If you can't put a distinct number on it, you're not likely to be able to recover anything in a lawsuit.

    However, if you have any questions, you should definitely seek out the advice of an attorney.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,488

    Default Re: Doctor Posted a Video of My Procedure Without My Consent. What Do I Do

    On the other forum where this was posted, I suggested a HIPAA complaint.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,572

    Default Re: Doctor Posted a Video of My Procedure Without My Consent. What Do I Do

    See discussion of this subject at another site.

    Quote Quoting flyingron
    View Post
    Then you have to have a frank decision is how have you personally been damaged by the publicity. If you can't put a distinct number on it, you're not likely to be able to recover anything in a lawsuit.
    In most case, that would be correct. However, there is a potentially meritorious right of publicity case here, and the relevant statute allows for the recovery of statutory damages.

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