Patient Files Medical Malpractice Suit Over Nude Photos - Elliott & Smith Law Firm

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Jan 25

Patient Files Medical Malpractice Suit Over Nude Photos

When you think of medical malpractice, you may imagine a doctor performing surgery on the wrong body part or a nurse administering the wrong medicine. What about a doctor taking nude photos of a patient?

This immoral act did in fact happen to a female patient, and she is now suing for medical malpractice and invasion of privacy.

The 45-year-old woman had hernia surgery in 2016. At the time, she was an employee at Washington Hospital in Pennsylvania, where the surgery was being performed. Before the surgery took place, she participated in a practical joke where she placed fake intestines on her body. While she admitted to playing the joke on the doctor, she did not consent to what happened next.

When the woman returned to work in September 2016, a colleague showed her photos from the surgery. A nurse had taken photos of the woman while she was naked on the operating table. She endured harassment from colleagues. The woman was upset and took an extended leave of absence. Once her leave ended the following month, the hospital fired her. The hospital claimed that the woman was given reasonable accommodations during her leave, but refused them, which was why she was fired.

The woman filed a lawsuit on December 12 claiming medical malpractice and invasion of privacy. She is seeking unspecified damages. The nurse who took the photos has since been fired and the surgeon is no longer allowed to perform surgeries.

Is This Medical Malpractice?

Medical malpractice typically involves a medical error. Under the law, however, a patient can recover compensation for any type of substandard treatment. Many would agree that taking nude photos of a patient constitutes substandard treatment or at the very least, unethical behavior.

Patients can file a lawsuit against any medical professional who deviates from the standard of care that is normally expected by patients in certain situations. Taking sexually explicit photos of a patient would definitely be considered inappropriate behavior that a patient would not expect when undergoing a medical procedure.

Get Help From an Arkansas Medical Malpractice Attorney

Doctors are required to act in an ethical manner. Taking nude photos of patients is not professional and it can cause a physician to lose his or her license.

If you were mentally or physically harmed by a doctor’s negligence or reckless behavior, you may have a viable medical malpractice lawsuit. The medical malpractice attorneys at the Elliott & Smith Law Firm can help you file a claim for compensation. To get started, contact us online or call our Fayetteville office at 479-JUSTICE (587-8423).