Legal Question in Personal Injury in Georgia
Can a Doctor Publish my Photograph?
20 years ago I was diagnosed with an eye condition. The surgeon took before and after pictures of me that included the entire face. A book is about to be published by a previous partner of my surgeon and my entire face before and after photographs are shown in it in color. Although the surgeon is here in Georgia, the book is a medical book being published by Thieme Publishing in New York. Is this legal? Doesn't he need my permission? Not only that, but the caption below my picture in the book, states procedures were performed that in fact were not performed. I have a copy of the chapter from this book and the author of the chapter (the partner) has confirmed it is my picture. At a lay meeting the other day the author/surgeon showed slides which included my pictures. A person sitting next to me that I did not know, said to me, ''Isn't that you?''
1 Answer from Attorneys
Re: Can a Doctor Publish my Photograph?
You have presented an area of limited specialty to tort attorneys. It generally is the area of invasion of privacy and permissions. Have you signed or did you sign any release in conjuction with the medical procedure regarding photos or use of your likeness?
It is also unclear about what might be the extent of damages incurred. I don't know of anyone whose practice has the focus of your type of claim.
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