I had venous reflux disease and sought treatment and the doctor needed pictures of my legs for insurance purposes or so he said. Now I was looking at the newspaper today and there are my legs in a big ad! Should I not be compensated in some way?
It is considered good practice to get a patient's consent to the use of photographs, and most medical journals require it, but it is not strictly legally necessary when the photograph does not allow for personal identification of the patient. If it was your face in the picture, then you would have a claim for invasion of privacy and breach of doctor/patient confidentiality; but if it's just your leg, I'm not so sure (unless there's something very distinctive about your leg - a tattoo, for example).
Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: [email protected] | Online: www.northwestlawoffice.com
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