Legal Issues of Computer Imaging in Plastic Surgery: A Primer

Abstract

Although plastic surgeons are increasingly incorporating computer imaging techniques into their practices, many fear the possibility of legally binding themselves to achieve surgical results identical to those reflected in computer images. Computer imaging allows surgeons to manipulate digital photographs of patients to project possible surgical outcomes. Some of the many benefits imaging techniques pose include improving doctor-patient communication, facilitating the education and training of residents, and reducing administrative and storage costs. Despite the many advantages computer imaging systems offer, however, surgeons understandably worry that imaging systems expose them to immense legal liability. The possible exploitation of computer imaging by novice surgeons as a marketing tool, coupled with the lack of consensus regarding the treatment of computer images, adds to the concern of surgeons. A careful analysis of the law, however, reveals that surgeons who use computer imaging carefully and conservatively, and adopt a few simple precautions, substantially reduce their vulnerability to legal claims. In particular, surgeons face possible claims of implied contract, failure to instruct, and malpractice from their use or failure to use computer imaging. Nevertheless, legal and practical obstacles frustrate each of those causes of actions. Moreover, surgeons who incorporate a few simple safeguards into their practice may further reduce their legal susceptibility.

Fundamentos da fotografia digital em Dermatologia

“…In this way, its recording, use, modification, deletion, or exposition should be authorized by the patient or his legal representative, preferably in writing, even if this is done in the medical chart itself. 16,17 One should remember that the exclusive use of digital photography as judicial evidence can be contested with the argument that electronic manipulation is easily done -except when the detailed clinical record in the medical chart is substantiated by digital photography with its a authenticity duly certified.…”

Photographic Images, Digital Imaging, Dermatology, and the Law

“…Federal courts have ruled that digital images can furnish sufficient medical data to provide dermatological care. 5 Digital images may present challenges to physicians who are new users of this technology as to what is to be included in the medical record. Is the digital image or a print of the digital image considered to be the original from a medical and evidentiary standpoint?…”

Use of Computer Imaging in Rhinoplasty: A Survey of the Practices of Facial Plastic Surgeons

“…Increased patient dissatisfaction with actual surgical outcomes has been reported in up to one-third of patients [7]. Understandably, some surgeons have voiced concerns regarding patients' expectations when using CI and the potential associated medicolegal risks [15,16].…”

“…Chavez et al specifically reported on the medicolegal aspects of CI in plastic surgery and made several recommendations to reduce the risk. The primary recommendations of the article were to (1) provide patients with copies of CI images, (2) save CI photos as part of the medical record and to maintain the same standards of record keeping, and (3) use conservative judgment in predicting outcomes of CI [16]. It has also been suggested that CI use with a patient improves communication and reduces the overall risk of litigation as the patient goes from passive listener to active participant [3].…”