A doctor posted a video of my procedure without my consent. What do I do?

[bb12]

Jurisdiction

California

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. 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?

 

[cbg]

I am not discounting your concern. I understand why you are upset. I do not blame you for being upset.

However, in order to assess your circumstances, I'm going to ask you; in what way have you been damaged by this?

 

[justblue]

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. 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?

Are you identifiable in the video?

 

[justblue]

Posting hx.

 

[bb12]

Are you identifiable in the video?

I should have been more clear in the original post-- My face was NOT shown in these videos, but it did reveal 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 stems from people who know me potentially identifying me through the video and learning of other medical procedures I am undergoing. Thanks again.

 

[bb12]

I am not discounting your concern. I understand why you are upset. I do not blame you for being upset.

However, in order to assess your circumstances, I'm going to ask you; in what way have you been damaged by this?

Though the video does not show my face, it shows a small tattoo through which I can be identified.

In the video, the doctor verbally discusses OTHER procedures I was undergoing at his office. My embarrassment stems from people who know me potentially identifying me through the tattoo and learning of other medical procedures I am undergoing.

 

[cbg]

Filing a HIPAA Complaint

 

[army judge]

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)."

It is never wise to sign anything unless you fully comprehend what you're agreeing to do, or what you're allowing another to do to make profit off of you.

In the future if you're ever asked to sign something, it might be wise to say," I'll have to discuss this with my attorney before I sign the document."

The other person's reaction upon hearing the words above might be all you need to know to decline signing said document.

 

[zddoodah]

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)."

What sort of procedure?

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.

Has anyone contacted you to tell you that he/she saw the video and recognized you? What sort of doctor has "thousands of . . . followers" on Facebook?

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?

Depends on your answers to the questions I asked and the EXACT wording of the document you signed.

Also, when you discovered the video, did you call the doctor's office to ask that it be removed from the Facebook page and, if so, did the doctor remove it?

Though the video does not show my face, it shows a small tattoo through which I can be identified.

Identified by whom? In other words, how many people could watch the video and identify you based solely on this "small tattoo"? Have any of those people contacted you to tell you that they saw the video?

Once you've answered my questions, I'll discuss the matter based on the relevant California statute.