Worried about before and after photo privacy

Question

I had a boob job 3 months ago and My surgeon took before and after pictures of my chest for referencing. I am now worried the hospital will use my pictures to upload online. Can they do this without my permission?? Also, I do not remember signing a form to agree for these pictures?!! All I signed was a consent form to give permission to go ahead with the surgery. A week ago I asked my surgeon and he said, no one can see these pictures, not even your family. I am guessing that this is true?

Paul W. Papillion, MD · Answer

Hello, photos are taken and kept in your medical record typically within your electronical medical record in an encrypted file that would have to be "broken into" to steal or view. If you did not authorize your surgeon to show your before and after pictures, then they can not use them. ...also...there are endless pictures of "breast" on the internet so the demand to steal or view standard before and after pictures is relativley low.

Larry C. Leverett, MD, FACS · Answer

Photographs are extremely important documents in cosmetic surgery. Many times, both the surgeon and the patient forget the degree of the deformity that existed pre-op without the benefit of photos done prior to surgery. Cosmetic surgery should not be performed, in the opinion of most plastic surgeons,  without pre-op photos. Additionally, one cannot truly evaluate the level of improvement without pre and post op comparative photos. As far as secrecy, no one can use or display a patient's images without the patient's written consent. Doing so would be a HIPPA violation. Additionally, when possible, we usually try to hide tattoos that are uniquely identifying to a patient.

Naveen Setty, MD · Answer

As long as you have communicated your concerns to your surgeon, your photos should be kept private.  Any photos taken in the office are part of your medical record.  There are strict laws regarding the privacy of these medical records.  If your surgeon would like to use  your photos on his/her website or other marketing materials, they would need to obtain a photo consent for that purpose.

William R. Burden, MD, FACS · Answer

If you are unsure if you signed a consent form for use of photos, ask your surgeon for your records.  Plastic surgeons store the photos for future reference in a secure manner.    You should not have concerns if your plastic surgeon assured you that your images are not published.,

Luke J. Curtsinger, MD · Answer

You have done the best thing and that is you have communicated your concerns to your plastic surgeon, and he has assured you, and been reminded by you that your records will be kept private.  Privacy is a huge issue with physician practices especially plastic surgery physician practices. Physicians are obligated to keep patient records, including photographs, private. 99% of my patient photos are kept totally private.   When a patient has a nice result that I feel is appropriate for our website, or RealSelf, we initiate a conversation to see if the patient is willing to have the before and after photos shared, then a separate, 'web photo' consent is obtained.

Curtis Wong, MD · Answer

and you do not have to worry about someone else seeing them... unless there is a data breach and that results in litigation and penalties.  Buried in your consent is probably a clause about taking photos as it is standard practice in aesthetic surgery.

Michael M. Omidi, MD, FACS · Answer

Thank
you for the question.  Surgeons, clinics, and hospitals cannot use your photos without your approval.  They are well kept safe inside the files of the company and can only be seen if someone outside the company stole it.  I wouldn't worry about this issue as doctor-patient confidentiality is one of the most important part in our line of work. Best of luck. Dr. Michael
Omidi.

An
in-person exam with a board-certified plastic surgeon is the best way to assess
your needs and provide true medical advice.

Heather Rocheford, MD · Answer

First of all thank you for your question.  Most Plastic surgeons will routinely take before and after pictures for many reasons.  They are then placed in your medical record.  If your surgeon would like to use these pictures for their website or marketing they would have to have you sign a consent form to do so. If you did not sign a photo consent in regards to publishing your photos and you had expressed to your surgeon that you did not want your photos published I believe you should not have any reason to worry.  Best of Luck.

Tom J. Pousti, MD · Answer

Photography before/after plastic surgery procedures is quite routine (useful in many ways) and does not require patient consent. However, utilizing the photographs ( for example in office albums or online sites) does require patient consent.  If you have not provided this consent, you likely have nothing to worry about. Given that you have expressed your concerns to your plastic surgeon, I think that you can put these concerns to rest. Enjoy the outcome of the procedure performed.

Paul J. Leahy, MD · Answer

Almost all plastic surgeons use before and after photos as an important way of documentation. They are generally stored in a very secure manner. In our office, we like to have a specialized consent form only for use of the photos for our website, etc. There are never names attached, of course. If your surgeon has assured you they are not published in that way, you should have nothing to worry about.

Worried about before and after photo privacy

Answers (13)

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