A breast cancer patient is suing a Houston, Texas, plastic surgeon after he posted her topless before-and-after photos without consent. The woman was explicitly told that her before-and-after photos would not be used and that none of the patients’ photos are identifiable. However, the woman was surprised and embarrassed when her 12-year-old son found the photos at a friend’s birthday party. The children were Google searching their parents names when they stumbled upon the topless photos of the boy’s mother. Now the unidentified woman is seeking $1 million in damages after the doctor used the photos on his public website without her consent.
The Daily Mail reports that the unidentified patient that is going by Jane Doe in the court filing was horrified when her son found the topless photos by simply googling the woman’s name online. The photos showed up on Dr. Pierre Chevray’s website. To make matters worse, Jane Doe says that after pointing out the issue to Dr. Chevray, the images were not removed. In fact, nine years after the surgery, Jane Doe’s photos were still live on the plastic surgeons website.
The woman notes that when she went in for a consultation with Dr. Chevray he showed her some before-and-after photos of other patients. When the woman expressed concern about her photos being shown to others, the doctor assured her that they would remain in her private file and that the photographs that he uses do not have identifying information attached.
“Defendant specifically promised that plaintiff’s photographs would not be used on the internet. Defendant further assured plaintiff that there would be no way to identify the photographs as her own.”
However, those claims proved to be false as Jane Doe says her 12-year-old son was able to pull the photos up online via a simple Google search. The plaintiff says she was humiliated and lied to and is seeking between $200,000 and $1 million in damages.
Meanwhile, Chron reports that Dr. Chevray’s lawyers have filed a “general denial” pleading in the case. The doctor’s lawyer notes that the case should be denied as there is “no act or omission of the defendant was malicious, reckless or grossly negligent, barring any award of punitive damages.” The response also claims that the “awards are unduly vague and do not meet the requirements of due process”
The plaintiff has requested a trial by jury.
Do you think the doctor should pay damages to the woman for posting the before-and-after photos online without her consent?
[Image Credit: Getty Images/ Carl Court]