Legal Question in Medical Malpractice in Florida

My daughter(age 5) was undergoing Proton radiation treatment in Florida,,,her last day of treatment I videoed her going down the hall to the procedure area and her pushing in her own anethesia medicine (surrounded by the team etc it was something they let the kids do to put them at ease before sedation) The camera was in plain view there was no secret I was taping....I posted it on youtube through a link on our medical blog page for friends and family to see what she had been through etc etc ,at the time the docs were all talking to the camera etc....all of a sudden I get a call yesturday telling me I had to pull the video because it violated a staffs privacy....my question is can they do that after the fact when they knowingly were being taped? Could they do anything to me legaly? It was a video about my daughter and they walked in and out of shot a few times? I dont see the issue....I was told they are afraid if parents tape they will catch a mistake on film and be able to sue,,,,shouldnt I be allowed to video my daughter just for that reason? (though that is not why this video was made)


Asked on 8/13/09, 10:39 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

You can argue that you had implied consent of the hospital staff to make the video. However, I don't think you have any argument whatsoever that there was consent of any kind for you to publish the video on the internet. It violates rights of privacy and rights of publicity, and you can be civilly liable to each of the staff for publishing the video on the internet without their express written consent. You simply can't do that. Sorry if that doesn't make sense to you.

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Answered on 8/13/09, 1:17 pm


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