29 Consent for photography
legal issues
Summary and Key Features
• The use of cosmetic photography may lead to legal issues
• Informed consent is required prior to taking cosmetic photographs
• Informed consent must delineate the purposes for which cosmetic photographs will be used
• The improper use of cosmetic photographs may be considered an invasion of patient privacy
• In the USA, invasion of patient privacy is regulated by the Privacy Rule in the Health Insurance Portability and Accountability Act (HIPAA 1996)
• The patient’s medical record must document that cosmetic photographs have been taken
• Improper use of cosmetic photographs may be deemed an act of negligence
• Improper use of cosmetic photographs may lead to a lawsuit against the physician