What Happens if a Plastic Surgeon Posts Your Pictures Without Permission?

Doctors are bound by the HIPAA (Health Insurance Portability and Accountability Act) regulations, which prohibit them from doing certain things. One of those things includes posting before and after pictures of their patient’s plastic surgery without the patients’ consent. Violating these regulations is a serious offense; defaulting doctors could face prosecution, lose their licenses, or both. This is especially relevant in states like Texas, where patient privacy laws are strictly enforced.

Therefore, if you had plastic surgery and your surgeon posts your before and after pictures without your consent, the law allows you to file a lawsuit against them for violating your privacy. A trusted practice like Matthew H. Steele, MD, prioritizes patient privacy at every step. Keep reading this article to know what the law says about plastic surgeons posting their patients’ before and after pictures.

Can Plastic Surgeons Post Before and After Pictures?

Patients expect that their privacy will be kept private; nobody wants to see their private images published on the internet. Thus, when a plastic surgeon posts their before and after pictures without permission, it opens the door to a potential lawsuit. More so, the patients can file an invasion of privacy claim against the surgeon based on the HIPAA rules.

“HIPAA regulations prohibit healthcare professionals from releasing patient information to the public or even another individual,” says Texas-based plastic surgeon Matthew H. Steele, MD. Particularly, when the information is related to the patient’s psychological and physical condition, they cannot release it without express consent. Many surgeons in Texas have faced legal consequences for posting patient photos without their consent.

Privacy Invasion Claims: A Case Study

Plastic surgeons in Texas and the United States, in general, have been slammed with privacy invasion lawsuits on many occasions. A typical case is one that happened in Illinois between a woman identified as Jane Doe and her surgeons. The surgeons released her photos on the internet, which made her feel humiliated and afraid that her family would see the pictures.

In fact, she said her mother had seen the pictures and was shocked. Meanwhile, she was clear about her preferences. She specifically told the surgeon not to post those pictures. Yet, they did on their website, and although they eventually took it down, Jane Doe noted that it was too late.

The hospital had posted the pictures to promote its services online, meaning thousands already saw the pictures before they were taken down. Jane Doe filed a lawsuit, seeking $50,000 in damages for violating their privacy under state law.

What Happens if a Surgeon Posts Pictures Without Patient Consent?

As stated earlier, posting before and after pictures of patients without their consent violates the HIPAA rule. This violation is a serious offense and carries both civil and criminal penalties, including fines, incarceration, and even license withdrawal.

Generally, the severity of the penalty will depend on the severity of the violation, which will inform the prosecutor’s actions. Several factors can impact the penalty given for a violation of the HIPAA rule in Texas:

• The type of violation
• If they violated the rule with intent (that is, whether they knew they were violating HIPAA rules), whether through due diligence, they would have known they were violating those rules.
• Whether or not they made a move to correct the violation
• Whether they violated the rules for personal gain or with malicious intent
• The number of people the violation affected.

Penalties

There are civil as well as criminal penalties for HIPAA violations in Texas, with civil penalties starting at $140 per violation. According to the U.S. Department of Health and Human Services, HIPAA violations can result in significant enforcement actions depending on the nature of the breach. Furthermore, violations carry criminal penalties when the medical professional and their organization knowingly and wrongfully carry them out.

As such, the least amount imposed as a fine for criminal violations of HIPAA is $50,000, and the maximum is $250,000. Aside from that, the surgeon may need to pay the victim restitution, and then, in more severe cases, the physician could go to jail.

Conclusion

Breaking HIPAA rules in Texas is a prosecutable offense; the penalty depends on the gravity of the violation. Therefore, if you feel your surgeon has violated your privacy in Texas, you can file an invasion of privacy claim against them.