i was wondering a medical/ legal question. my doctor (gynecologist) performed an exam- endoscopy to diagnose my endometriosis and fix another gynecological condition. she later said she took photos of me under anesthesia because my case was apparently rare and she mentioned wanting to publish a book containing those photos. i said i was concerned and didn’t like that and she said she wouldn’t put my name. is that legal in chicago/ Illinois?
location: chicago Il
Comments
Read your consent for procedure and your consent for treatment. Often they allow pictures (unidentified) for academic and research purposes.
Arguing about whether they can TAKE pictures on an endoscope isn’t even a question. It is inherently part of the scope/process/procedure.
Did she “take photos of you” as in: the outside of you, laying on the table, under anesthesia? With a point&shoot camera or phone camera?
Or did she capture photos of the inside of you from the scope camera as part of the procedure, and then want to use those as part of a paper/book?
Because to me those are 2 very different things.
The latter is almost certainly covered by the surgical consent form. The former only might be.