Facebook doctor posts photo of children's surgery

Facebook photo of children's surgery causes excitement

11/30/2014

A doctor from Austria posted a photo from the operating room on the Internet. According to media reports, the patient is also seen on it: A little boy lying next to a stuffed animal. The physician is warned according to clinic information.

Stunned boy on operating table
According to media reports, a doctor from Carinthia (Austria) posted a photo from an operating room on Facebook. As reported, the physician wanted to prove that doctors work even at night. The picture causes a stir in the Internet community, as it also shows the patient: It is a small boy lying on the operating table. The child is intubated, his eyes taped, numbed and next to it lies a stuffed animal. Again „ORF Carinthia“ writes the text is: „It's 0.30, just for those who think we sleep at night.“ The photo also shows four people from the OR team, all with their backs to the camera.

Child is recognizable in the photo
Lawyers looking at the photo said the child was recognizable. Even if the picture is no longer visible on the side of the doctor, it already drew wide circles on the Internet. Compared to the „ORF“ said the medical director of Klagenfurt hospital, Ferdinand Waldenberger, that there are already employment law consequences. The procedure of the concerned physician is not tolerable: „He is warned in the context of the service law. We inform the employees again about how to behave in social media. Photos from the operating room are tolerable if they are intended for scientific purposes, for documentation purposes.“

Infringement of the personality right
However, it was pointed out that they did not want to start anything that might traumatize the affected child. According to Waldenberger, of course, one will react if the parents are addressed. Again „ORF“ reported further, sees the Klagenfurt social media expert Ludwig Notsch a clear violation of the personality right. It is about the legitimate interest of the photographed person. Notsch speaks of clear legal misconduct. The child could not have consented to the publication and the parents were also given the opportunity to express their consent.

Doctors took pictures of patients
In the past, the privacy of patients by doctors was sometimes violated much more drastically than in the case mentioned. At the beginning of the year, for example, police had found hundreds of video recordings with a doctor from Osnabrück, which he reportedly made from patients. A little longer ago is the case of a gynecologist from Schifferstadt. He had been sentenced to three and a half years in prison by the district court in Frankenthal in the Palatinate. He had taken thousands of pictures of his patients and so on „very personal area of ​​life“ Patients were injured and guilty of sexual abuse in three cases. (Ad)