Earlier this year, a urologist in New York was sued by over 300 former patients for sexual abuse. The doctor is accused of conducting physical exams with no one else in the room and performing unnecessary surgical procedures without anesthesia.
More recently, in October 2024, a York, PA, chiropractor was arrested for allegedly violating patients’ rights by taking photos and videos of them without their consent. Both of these recent cases have brought to light horrifying breaches of trust that underscore the importance of your rights as patient to privacy and dignity.
As Pennsylvania medical malpractice attorneys, we believe it’s crucial for patients to understand their rights and know when to seek legal help if those rights are violated.
What Are Your Legal Rights to Privacy in Medical Settings?
In Pennsylvania, as in other states, patients have legal rights that protect them from unauthorized photographs, video recordings, or other invasions of privacy by medical professionals. The unauthorized photographing or video recording of patients in healthcare settings is a clear violation of both professional and legal standards.
Many states, including Pennsylvania, have laws in place to protect patients’ privacy, and healthcare providers are legally required to obtain explicit consent before taking photos or videos of patients. You also have the rights to have a chaperone present during intimate examinations and refuse any non-essential documentation of procedures.
How Common Are Patient Privacy Violations?
Patients enter healthcare settings expecting that their personal privacy will be respected. Medical professionals are entrusted with deeply sensitive information and intimate access to our bodies, making any abuse of this trust especially damaging.
Unfortunately, cases like this recent conviction highlight that not all healthcare providers honor that trust. Breaches of medical consent often have severe, lasting impacts on victims.
Warning Signs of Inappropriate Provider Behavior
While most healthcare providers are trustworthy professionals who prioritize patient privacy and dignity, there are certain warning signs that patients should be aware of during medical visits. Any unauthorized or unexplained photography or recording during examinations should be treated as a serious concern. Patients should also be wary of examinations conducted without proper explanation or informed consent, or situations where requests for a chaperone are denied or discouraged.
Additionally, inappropriate comments or behavior during examinations, as well as procedures conducted without proper privacy measures in place, may indicate a violation of patient rights. Being alert to these warning signs can help patients protect themselves and others from potential privacy violations.
How to Seek Justice if Your Rights Were Violated
When a healthcare provider violates a patient’s right to privacy, the emotional and psychological trauma can be as profound as the physical injury. For victims, taking legal action can be an important part of the healing process. A successful personal injury or medical malpractice claim not only compensates victims for their suffering but also sends a message that such violations will not go ignored.
Victims of these privacy breaches may be eligible to pursue damages for:
- Invasion of Privacy: This includes the unauthorized use of an individual’s likeness, such as photos or videos taken without consent.
- Intentional Infliction of Emotional Distress: Cases where the healthcare provider’s actions were so egregious that they caused severe emotional distress to the patient.
- Negligence: If the healthcare facility or provider failed to protect the patient from a known risk, victims may have grounds for a negligence claim.
Steps to Protect Your Rights to Medical Privacy
We recommend patients take the following steps to protect themselves:
- Document all interactions with healthcare providers
- Request the presence of a chaperone during examinations
- Keep detailed records of any concerning incidents
- Report suspicious behavior immediately
Were Your Rights Violated? Here’s How a Personal Injury Lawyer Can Help
Navigating a claim involving a violation of patient consent and privacy can be complex, as these cases often involve nuanced issues around intent, damages, and even criminal components. An experienced personal injury lawyer can help victims by:
- Collecting evidence of the violation, including any unauthorized photos, videos, or documentation.
- Determining the extent of damages caused, including emotional distress.
- Pursuing the highest possible compensation and working to hold the responsible parties accountable.
Contact Atlee Hall if Your Rights Were Violated by a Healthcare Provider
Cases like the recent conviction in NYC and arrest in York remind us of the critical need for vigilance and accountability in medical settings. If you or someone you know has experienced a violation of privacy in a medical setting, you don’t have to face it alone.
The experienced Pennsylvania medical malpractice attorneys of Atlee Hall are here to help if you’ve experienced a violation of your medical privacy rights. We understand the sensitive nature of these cases and handle them with the utmost discretion and professionalism.
Contact our office today or call (717) 393-9596 for a confidential consultation to discuss your situation and learn your legal options.