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Doctor Posts Surgery Photos without Patient’s Consent

Sabrina Kropp has sued Dr. Robert Walton, a Chicago plastic surgeon, alleging that he posted before and after photos of her facial reconstruction surgery on his website and without her consent. The photos were labeled “cocaine nose.”

Ms. Kropp’s understanding was that the photos would be securely maintained in her medical record. However, when Dr. Walton opened a new practice, Plastic Surgery Chicago LLC, the photos were published on its website. “Cocaine nose” is listed on the website as one of the nasal reconstruction surgeries Dr. Walton performs. Ms. Kropp has sued for breach of fiduciary duty of confidentiality and for violating the Health Insurance Portability and Accountability Act, which requires an individual’s written authorization before use or disclosure of protected health information is used for publication, marketing, teaching or commercial purposes. Ms. Kropp’s damages include feelings of distress, shame, and embarrassment.

When someone is injured or dies due to a health care provider’s negligence, financial recovery may be available. Such recovery is particularly important when permanent, life changing injuries are incurred. It is important to contact someone who understands the intricacies of the party’s right to recover.

Medical malpractice is a difficult area of law as it requires an understanding of both the legal practice and the mechanics of medicine. Abraham Watkins offers a free consultation to anyone wishing to pursue such claims.

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