Legal Question in Medical Malpractice in Wisconsin

I had cosmetic surgery done a couple years ago. They took before and after photos. They asked me if they could have permission to put my pictures up on their site. I said no, and i signed nothing that gave them permission to do that. I recently went on their site and saw my before and after photos up there. I feel extremely embarassed and upset that my privacy was invaded. What can i do? Do i have a good case?


Asked on 10/13/09, 7:00 am

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Your inquiry really is not a medical malpractice law question, but instead relates to privacy law and maybe contract law. I would advise the clinic, in writing, that they should immediately remove your photos and information from the web site. I would then ask them to provide you with any documents in their possession which they claim give them the right to post your photos and to disclose your information. I want you to make sure that you did not sign something giving them permission to use your photos and information which you do not remember signing. Assuming that they do not have permission and violated your privacy rights, there are legal claims which you can pursue, both administratively and civilly, depending upon what you wish to do as to any further claims. There are both HIPPA federal laws and Wisconsin state laws that have bearing on your issue.

Read more
Answered on 10/19/09, 12:57 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in Wisconsin