Costa Mesa, CA asked in Consumer Law for California

Q: If a doctor posted a video of a procedure done to me without my consent, what legal action should I pursue?

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."

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 stems from people who know me potentially identifying me through the tattoo and learning of other medical 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?

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3 Lawyer Answers
Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: If they have used your image without your consent they may have done this to others as well. If it was me and I was unhappy about it, I'd do both, ask for them to take it down and seek monetary compensation.

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: You have potential claims against the doctor if you can prove that your medical procedure was indeed depicted publicly. There are violations of federal and state statures, along with claims for invasion of privacy and physician-patient privilege. Speak to a knowledgeable personal injury attorney.

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: make that "...federal and state statutes...."

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