Medpedia

The content on or accessible through Medpedia.com is for informational purposes only. Medpedia is not a substitute for professional advice or expert medical services from a qualified health professional. Read more

Medpedia Answers

(Other)

Medpedia Answers is a platform for asking and answering questions about health and medicine. Read more.

Should medical students, doctors, nurses or healthcare employee post any pictures representing a patient's body or tissues without facial or any other identifying features on a social media such as Facebook without the permission of the patient?

Randy Cohen, columnist and ethicist, received the following request and then wrote about his response in his New York Times column "The Ethicist" http://www.nytimes.com/2011/02/13/magazine/13FOB-Ethicist-t.html
Here was the request: "Some of my Facebook friends are medical students who post cellphone pictures of patients with what these friends believe to be comical maladies, with captions like 'A 5-foot-9 Hispanic male walks into a bar . . ' under a picture of a patient with a piece of rebar piercing his abdomen. The postings don’t include faces or names but still seem questionable. Doesn’t this violate patient privacy? NAME WITHHELD, NEW YORK"

Would a rebar piercing an abdomen be an identifying feature or would adding " a 5 foot 9 Hispanic male" make the picture identifying?

How about a nursing student posting to Facebook a picture of the students holding up a placenta but with no patient identification? http://www.kake.com/home/headlines/Kansas_Student_Booted_From_Nursing_School_Over_Facebook_Picture_112770019.html

What if a photograph was published in a medical book without patient identification? If such book publishing of a picture of that placenta is legal, wouldn't holding up a placenta by a group of nursing students also be legal to publish on Facebook?

What are "identifying features" and if there are no identify features, would the INTENT of an unidentified body or body part on a social media be the guiding factor with regard to whether such public distribution is ethical or not? Would the intent to be funny or any other reason except for strictly educational intent be considered an ethical (and ?legal) violation of patient privacy? ..Maurice.
asked Feb 14, 2011 at 03:50PM in Other
  • To post body parts on a social media page , other than one's own, is inappropriate. It's not similiar to a teaching excercise in which photos are used to explain a medical problem and more importantly to teach.
    Now is it illeagal ? I suspect yes but only in the sense that the photo can be identified as belonging to a person(fetus) and to make a point. i.e. suppose the object were to denounce legal abortions and a fetus parts were used to make a point. That issue can be brought to court as representing a view that may not be held by the mother. She can then sue and likely win in civil court. N
    Michael M Derechin MD commented Feb 16, 2011 at 03:33PM
25 Answers
12 Following
↓ answer this question
Sort By Date Votes
  • 1
    Votes
    answered Feb 14, 2011 at 04:17PM
    I believe we should first as a medical community outline what is acceptable and not acceptable to be posted in social networks. I believe a lot of us are still not clear as nothing concrete has come out to my knowledge. As for patient privacy, with or without permission, it would be inappropriate until we have established specific guidelines on how to be using social media for health education purposes and where and what is acceptable to be posted. A textbook is for learning purposes so let's see if a day comes when we can define Facebook as a medical learning tool as well. Until then, it may be best to respect patient privacy and refrain from posting. Great question and looking forward to other responses. Thanks!
  • 1
    Votes
    answered Feb 14, 2011 at 04:41PM
    I'll start with "I'm not an attorney and this isn't legal advice."

    My recommendation is that you always obtain written consent prior to photographing any or all of a patient's body parts. To start with, most hospitals have a policy on this and violation can lead up to, and include, termination. Most hospitals also have policies related to patient rights, respectful behavior and judgement. Basic respect for the patient is just as important as whether the patient can be identified when considering whether the potential action is worth the risk.

    If there is anyway of identifying the patient in an online picture, such as a picture of rebar piercing a Hispanic males abdomen posted on the same day that a story runs in the local paper describing a workplace injury involving "Mr. Hispanic Male" who was taken to your hospital, it is likely that the patient's attorney can tie it all together for, at minimum, a nice settlement with the hospital and staff/clinician's involved. You could also expect employment and/or contract terminations.

    In the end, it is probably best to ask for that permission and probably discuss your intended use with your supervisor. If you don't feel comfortable doing so, it isn't worth the risk.
  • 1
    Votes
    answered Feb 14, 2011 at 05:26PM
    This is a great question and one that I am faced with daily as a public relations consultant for the medical community. Long story short: patient privacy should always prevail. My counsel is to be extremely conservative with using patient information publicly for either education or marketing purposes, regardless of whether the information is being posted to Facebook, uploaded to a Web site or given to a journalist for a news story. For each of my clients, for example, I insist on having a consent for photography/interview/publication signed by any patient after a thorough explanation of the purpose an intended use of the information or photograph. If a patient hesitates or feels anxious about sharing, we move on. It's just not worth the risk from a litigation standpoint, and more importantly, from a patient relationship standpoint.
  • 1
    Votes
    answered Feb 14, 2011 at 06:16PM
    Vidushi, you wrote "As for patient privacy, with or without permission, it would be inappropriate until we have established specific guidelines on how to be using social media for health education purposes and where and what is acceptable to be posted." Well, there is a beginning guideline as presented by the American Medical Association (AMA) ethics policy "H-140.851 Professionalism in the Use of Social Media."
    https://ssl3.ama-assn.org/apps/ecomm/PolicyFinderForm.pl?site=www.ama-assn.org&uri=/ama1/pub/upload/mm/PolicyFinder/policyfiles/HnE/H-140.851.HTM

    The pertinent statement is:
    "(a) Physicians should be cognizant of standards of patient privacy and confidentiality that must be maintained in all environments, including online, and must refrain from posting identifiable patient information online."

    Unfortunately, there is no further clarification by AMA of the expression "identifiable patient information" since what is exactly "patient information" and what is "identifiable" is not strictly defined and thus doesn't help answer my initial question regarding what are "identifying features".
    If "identifying features" of the information or graphic published refer strictly to identifying that the published material can be referred to a specific person then it is hard to apply the AMA rule to the placenta graphic by the nursing students. As Christina Thielst points out "such as a picture of rebar piercing a Hispanic males abdomen posted on the same day that a story runs in the local paper describing a workplace injury involving 'Mr. Hispanic Male' who was taken to your hospital" would seem hard to defend as "non-identifying".

    Christine Dardet writing "using patient information publicly for either education or marketing purposes, regardless of whether the information is being posted to Facebook, uploaded to a Web site or given to a journalist for a news story." But couldn't non-identifiable patient information (a generalized example) or an non-identifiable photograph of a human body organ or tissue be used for education purposes? Could the intent for how the information is used be a factor to consider regarding the ethics and legal aspects of the action?

    Finally, thanks to all 3 responses to my question and presented so quickly after my original posting. Most impressive response! ..Maurice.
  • 1
    Votes
    answered Feb 14, 2011 at 06:31PM
    Thanks so much for your response to our responses Maurice. Thank you for the AMA guideline link as well. I did come across this a few weeks ago before I started teaching intro to social media to my physicians but as you mentioned, we are missing some specifics. Hopefully, we will generate more interest in the importance of physicians and other healthcare providers receiving clear guidelines so we all know how to proceed within social media. Look forward to more ehealth questions and discussions.
  • 1
    Votes
    answered Feb 14, 2011 at 07:57PM
    Hi Maurice: Five to ten years ago, I believe using patient information for the intent to educate was much easier to use without written consent. The chances of a lay person discovering his/her neighbor's chest x-ray in a publication were slim. With the sophistication and reach of online search today, I worry about the use of scans, x-rays, organs, stories with names changed, etc. without consent and whether or not they remain truly non-identifiable. I look forward to continuing the conversation and will share specific public relations/marketing guidelines as I find them.
  • 1
    Votes
    answered Feb 14, 2011 at 09:23PM
    The issue of patient consent, Christine, either as an actual photograph of a lesion or the telling of a clinical scenario based on a patient's experience may be difficult or even impossible to obtain particularly if the event or photograph was obtained years ago or the patient's current address is unknown or is now deceased and family members are unknown. Does this mean that presentation of a photograph or scenario should be forbidden? Again, I am thinking about the intent of use: for education vs frivolous use.

    Considering now the frivolous use such as what might be to display the body or organs of an unidentifiable human for the submitter's personal "gain" on Facebook or some other social media outlet, I would suggest that could be a different matter ethically compared with display for the constructive education of others. I would look at the intent and purpose of a display for these constructive educational purposes as meritorious with respect to the importance of preserving the dignity of all humans whether deceased or alive. I would consider frivolous use as unethical and rejection of such dignity. When those at the start or during the course of a medical career as some healthcare provider or as a hospital or clinic employee use a patient's story or image solely for self-gain then one should question the ethics if not additionally other serious aspects of this behavior. Right? ..Maurice.

    [For your interest, I wanted inform those reading this Question that I posted this thread on my own Bioethics Discussion Blog

    http://bioethicsdiscussion.blogspot.com/2011/02/should-non-identifiable-picture-of.html#comments

    today (of course, without including the responses to my Question as written here) but also invited my Blog visitors to come to Medpedia to read here all your responses.]
  • 1
    Votes
    answered Feb 15, 2011 at 09:09AM
    The short answer is no, at least not without the patient's informed consent and written permission. Corollary to the question's point, is that I see many photos of parts of bodies, or even cell slides, in medical articles. Is the patient asked for consent before those are published? Also, talking about a family member, dead or alive, on a medical forum can be problematic as well, as a violation of privacy or confidentiality. Especially if the person is still alive. What about case studies of real patients, without names or locations, presented for discussion purposes in a non-confidential forum? Should these situations also require written consent?
    As for the rebar piercing the abdomen of a patient, I do not find that funny, not to mention the confidentiality aspect. I might feel cause to complain to a licensing board or university faculty about a student or professional doing that, as it is also ethically wrong, if I saw it. I would question the suitability of a nursing or medical student, for future medical practice, if he or she is so lacking respect of patients, or even body parts, at the student level.
    Individuals often can be identified by tattoos, scars, or other unique body features, even if the face is not evident. This is done all the time in forensics and criminal investigations, especially if the body is not whole. So leaving the face out of a picture, does not guarantee anonymity.
    I recall I reminded someone once in a discussion, that what we say or post here can be read, potentially, by millions around the world. Certainly true with Face book as well.
  • 0
    Votes
    answered Feb 15, 2011 at 01:15PM
    Though the following is a bit off the main context of my question, nevertheless, I think it is important to remember that though we were discussing the public distribution of patient medical information (clinical body images) on the internet the ethical issue goes two ways. The second way is the searching online for patient information and the question as to whether that is ethical especially if that searching and use is being performed by a medical professional. The information including pictures could have been placed by the patient him/herself either intentionally or unintentionally or it could be a remark or picture placed there by some other person who has interacted with the patient. In any event a simple Google search might find the information but could this information lead the professional to providing a benefit for the patient or would it permit exploiting the patient?

    This issue has been discussed in the medical literature and the summary
    http://informahealthcare.com/doi/abs/10.3109/10673221003683861
    of one recent article follows.:

    Clinton BK, Silverman BC, Brendel DH. Patient-targeted googling: the ethics of searching online for patient information. Harv Rev Psychiatry. 2010;18(2):103-12

    " With the growth of the Internet, psychiatrists can now search online for a wide range of information about patients. Psychiatrists face challenges of maintaining professional boundaries with patients in many circumstances, but little consideration has been given to the practice of searching online for information about patients, an act we refer to as patient-targeted Googling (PTG). Psychiatrists are not the only health care providers who can investigate their patients online, but they may be especially likely to engage in PTG because of the unique relationships involved in their clinical practice. Before searching online for a patient, psychiatrists should consider such factors as the intention of searching, the anticipated effect of gaining information online, and its potential value or risk for the treatment. The psychiatrist is obligated to act in a way that respects the patient's best interests and that adheres to professional ethics. In this article, we propose a pragmatic model for considering PTG that focuses on practical results of searches and that aims to minimize the risk of exploiting patients. We describe three cases of PTG, highlighting important ethical dilemmas in multiple practice settings. Each case is discussed from the standpoint of the pragmatic model."

    In conclusion, it appears not only should there be guidelines regarding the presentation of potential patient information on the internet by healthcare workers but also guidelines about how patient information on the internet be ethically searched and used. Any suggestions? ..Maurice.
  • 1
    Votes
    answered Feb 15, 2011 at 02:08PM
    The information is out there, and is uncontrollable. Psychiatrists should adhere to "need to know", and not seek information that is not pertinent to care of the patient. How can a patient know if a psychiatrist is googling for information about him or her? Patients: ask the psychiatrist, and if there is an ethical basis to the relationship, the psychiatrist will tell the truth in terms of his or her use of internet media to find supplemental information to help in patient care.
    If the psychiatrist lies to the patient, what is he or she doing in psychiatry anyway?
  • 1
    Votes
    answered Feb 15, 2011 at 07:06PM
    Intriguing question Maurice. I'll be uncharacteristically brief- No.

    A fundamental part of the doctor patient relationship is fiduciary duty. While publication of such pictures for the educational value in reputable medical journals might generally be accepted no such circumstances would justify the degradation, denigration and intrinsically pejorative nature of posting such material to any social media site. For those reasons it's wrong to even make the request.
  • 1
    Votes
    answered Feb 15, 2011 at 07:39PM
    John, do you agree with me that display of simply a human organ or tissue on a website for no purpose other than to support a joke or some other frivolous reason should be condemned? Or is this an area of human behavior which is intrinsic in everybody's DNA and should be an expected and this action should be accepted as long as nobody is harmed? On the other hand, the harm may not be physical but represents an affront to the sanctity of the human body. What do you think? ..Maurice.
  • 1
    Votes
    answered Feb 15, 2011 at 07:56PM
    I'd like to jump in on this one, too. I agree with John that it is wrong to even make the request for permission if the purpose is for anything other than education. I'm also glad you brought up fiduciary duty.
  • 1
    Votes
    answered Feb 16, 2011 at 05:59AM
    This article was just brought to my attention and thought I would share it with the group as it relates to physicians and social media: http://psychcentral.com/news/2011/02/15/physicians-need-guidelines-on-use-of-social-media/23526.html
  • 0
    Votes
    answered Feb 16, 2011 at 08:07AM
    The consensus seems to be that it is wrong or unethical for physicians/psychiatrists to do what is described in Maurice's scenario. But how to stop it, what to stop, and by whom?
  • 1
    Votes
    answered Feb 16, 2011 at 09:56AM
    Everyone should put their own name into the different search engines, and see what comes up, if anything. What you see, is probably what anyone else, including medical professionals, will see, unless a professional person has advanced forensic search technologies. I did a search of myself this morning, and am satisfied there is nothing there the whole world shouldn't know about! Jokes or pictures posted anywhere, by someone who is subject to ethical standards or licensing, should be assumed to be seen by anyone, and which can have negative repercussions for their studies or career, or even pocketbook, if a lawsuit ensues.

    Physicians can also be searched by patients, and there are a lot of "physician review" sites that rate physicians by patients. One can also find out if there have been media reports or actions by professional bodies. Patient reviews of physicians are solely subjective and may or may not reflect physician competency. Is this ethical on the patient's part, reversing the search?
    Doing so if patient self advocacy, in my view, as the reviews can provide helpful information when searching for a new family physician. For example, I discovered a local physician, on a patient review site, who had been in the media and cited for conduct by a professional board, in another province, when I was seeking a family physician a few months ago. I was surprised that the physician is one of the few accepting patients, especially as the conduct involved inappropriate behavior with females. Not accepting internet patient reviews at face value, I did further research, including with the previous province's College of Physicians and Surgeon, verifying the information. Backing away from that one, I was fortunate to find another physician, a female with a clean background, that accepted me as a patient. Internet searches can work both ways, and both physicians and patients should be aware that privacy is a rare commodity on the internet.

    Pictures and jokes on the internet are part of the larger picture of how the patient and physician relationship is impacted by information outside of the office setting.
  • 0
    Votes
    answered Feb 16, 2011 at 10:32AM
    Doesn't anyone want to take on the question: was it ------------(whatever word you want to use) for those nursing students to publish a picture of them holding up a placenta? Of course, we don't know all the facts from the news article but based on what was written, do you think the students should have been kicked out of nursing school? ..Maurice.
    • I don't know if being kicked out was right or wrong. It depends upon whether there were policies, these were communicated to the students and they violated those policies.

      It does seem a bit much, however, I wonder what I may not know about all of the circumstances.

      Healthcare organizations work hard on their reputations and the attention this is bringing them is probably an issue, as well.
      Christina B Thielst FACHE commented Feb 16, 2011 at 04:53PM
  • 0
    Votes
    answered Feb 16, 2011 at 12:26PM
    I'll submit that the immaturity of anyone posting any sort of photo with "funny" captions should answer Dr Bernstein's question. It is unthinkable to me to snap a photo of any person, body part, device, etc, which is then shared in such a fashion. I think that there is an impressive lack of maturity at play here that really takes a surprising amount of time to work itself out as we progress through medical school. When I was a med student, I remember being struck with how "emotionally stunted" many of us were compared to other people our age who were already employed. It is hard to explain, and hopefully you'll indulge me, but it is in my opinion part and parcel with the intense nature of studying that we did/do in medical school, which results in a significant neglect of emotional and spiritual (perhaps) growth opportunity. That's not to say all med students are immature, just that we are so focused on our studies during that time period, that we may not realize that some of our actions are unacceptable socially.

    Bottom line, in my opinion, is that anyone snapping photos, of the nature discussed in the original question, should be doing so for use in a grand rounds talk, or not at all.
  • 0
    Votes
    answered Feb 16, 2011 at 12:33PM
    For physicians, residents and even medical students; it is clearly unethical to post pictures (with or without identification) of patients without their permission. Even if unidentified, a picture of a body part, a tissue specimen or even a placenta is medical data; no different than an X-ray or medical history, and revealing this without permission is a breach in confidentiality. By extension, nurses or other health professionals or health professional students should abide by a similar code of ethics. If a hospital employee did this, this might not be an professional ethics violation, but likely an employee violation, since the hospital has the ethical obligation to protect the patient's privacy and subsequently has protective policies in place.

    If the accident of the victim of the rebar piercing the abdomen in the original post took place in public, and a reporter or bystander took a picture of the horrible event and posted this on Facebook, it might not be morally right, but would not be ethically wrong; since the bystander or reporter had no obligation to the victim. If the bystander was a physician, and he snapped a photo of the rebar accident and posted this on Facebook, this would similaly be morally questionable but not ethically wrong, unless the physician went to aid the victim at the scene, thus establishing a doctor-patient relationship. Even if the patient was taken by ambulance to the hospital and the bystander physician who assisted the victim never saw the patient again, the doctor-patient relationship is still intact and the posting is unethical.

    The bottom line is that any health care professional has an ethical obligation to ask for permission to share virtually anything about a patient outside the context of that patient's care.
  • 0
    Votes
    answered Feb 16, 2011 at 01:17PM
    I agree with Dr. Mintz. Sharing patient information is unethical without consent. Placing information in a public forum when it cannot be identified suggests behaviors might be permissible if the patient won't find out. The lubricant for behaviors are thoughts and feelings, and getting caught should not be a determining factor. Such thinking is an issue since it lowers the bar of patient - clinician relationships and will likely be repetitive.
  • 0
    Votes
    answered Feb 16, 2011 at 03:45PM
    Would this not be a violation of HIPAA? Then if not, each individual healthcare organization MUST or SHOULD have a protocol in place addressing these types of issues. Usually best to check with coporate legal counsel at your individual organizations prior to posting. I manage the library/information services for an organization of five hospitals and eighty clinics and I know our policy concerning issues like this; and it would not be tolerated.
  • 0
    Votes
    answered Feb 16, 2011 at 04:57PM
    Great question Maurice. It's largely irrelevant whether it's part of the human condition or just an intrinsic trait of reprehensible juvenile delinquents. The essence of professionalism is being held to a higher standard. Once "professionals" become indistinguishable from laity the profession is irremediably lost. Professionals are generally allowed a substantial degree of "self-policing" in part due to the higher standards of behavior set by the "guild."

    To permit, even tacitly, behavior consistent with college frat house pranks takes one more bite from the apple of professionalism. Even if the bite is eventually recovered it's likely to be from the other end of the alimentary canal.

    To be a professional means controlling the impulse to behave in unprofessional manners.
    • Here here. Well said and I dare say clearer than my similar comment.
      Paul J Dorio MD commented Feb 17, 2011 at 05:28AM
  • 0
    Votes
    answered Feb 17, 2011 at 02:21AM
    kya hal hai ratul? mei bharat mei rehta tha bahut din se pehle, 1965 se 1967 tak. utter pradesh mei rehta tha, dehli se upper. shahar ka nam meerut, shanti sena sewak - peace corps volunteer. mei murghi palta tha.

    (i do apologize for going off topic in another language and right after ratul asked for greater focus. ratul lives about 40 miles from where i raised chickens as a peace corps volunteer, 1965-67. great memories and the hindi was fun).
  • 1
    Votes
    answered Feb 17, 2011 at 03:12PM
    Dear Raul, unfortunately or perhaps fortunately discussion about ethical issues relating to human behavior has many shades and many nuances and can go off in many directions. This is unlike engineering where theories are based on mathematics or physical principles with the discovered or as yet undiscovered interactions between elements eventually found to be fixed. In ethics, while there may be ethical principles to apply and cases to apply and relationships to apply, nothing in ethics appears always the same. Issues appear differently depending on how the discussant looks at the issue, that is, from what point of view. For example, beneficence such as "doing good" to a person from another point of view may appear simply maleficent ('doing bad"). And even if most of us agree that an action is "bad" (such as dissemination of patient information on the internet without patient approval) in a frivolous manner as described, others might classify the action as "not so bad but not good". For example, I have been trying to get an opinion whether posting a picture with student nurses holding up a placenta without further identification regarding its source on the internet is "not so bad but not good" as compared with showing a patient's body even if not immediately identified. What is the nuance or subtlety in making such an ethical judgment. Well, one would be harm to an individual. If there is no harm to an individual by such an act, some would argue that showing off a placenta for no reason other than a joke or to gain personal attention is only a minor "bad" (perhaps, so to speak, "bad taste") but not seriously bad. Others may disagree and even if there is no harm to any specific individual, the act shows a lack of understanding by the actor that any human or part of a human deserves dignity.

    Therefore, there can be NO END to ethics discussions. The end comes when those debating tire OR those debating come to some reasonable consensus. And even then, someone has brought to the table a variation of the initial theme that may deserved and will get further discussion. ..Maurice.
  • 0
    Votes
    answered Apr 19, 2011 at 01:48PM
    Here is a specific example of how a name isn't necessary. http://www.fiercehealthcare.com/print/node/56304
The content on or accessible through Medpedia.com is for informational purposes only. Medpedia is not a substitute for professional advice or expert medical services from a qualified health professional. Read more
Editor Directory - browse by last initial
ABCDEFGHIJKLMNOPQRSTUVWXYZ
Professional Directory - browse by last initial
ABCDEFGHIJKLMNOPQRSTUVWXYZ
Cancel