Surgeon Posts Pictures Of Patient's Internal Organs On FB To Show Off

Six months after a massive tumour was removed from his heart, Mohammad Faizal saw his innards on public display on social networking site Facebook. The culprit who posted the picture was the same man who saved him¡ªhis surgeon.

Although Faizal's name wasn't mentioned, there was enough information in the doctor's descriptive 150-word caption to make the 45-year-old squirm. "There were even a few comments poking fun at my condition," he said, adding he had no clue the photo had been uploaded online. The surgeon later apologized and removed the picture when he protested.

The entry of gadgets into operation theatres might help doctors provide educational insights for other medical professionals, but it has also led to a spike in violations of patient confidentiality. While Faizal had chanced upon his photo, in most cases patients are in the dark about their pictures being posted by the people they trust their bodies with.

"We don't have a number as very few know their photos are being circulated without their consent, but there's a definite increase in the number of doctors using social networking sites as a forum to showcase their surgeries, caring little about their patients' confidentiality," said national coordinator, academic wing of Indian Medical Association J A Jayalal.

Although there is no law that addresses the issue, the code of ethics laid down by the Medical Council of India states that the patient's name and personal details should not be revealed without their consent unless asked for by the courts.

Sometimes the violation is obvious with the patient's personal details like name and age being revealed, along with a picture of the face. "I recently put a photo of a 93-year-old woman with a tumour on her tongue on my Facebook wall. My intention was only to start a discussion among my colleagues," said a senior oncologist in Chennai. "A doctor from the US messaged me to say I was violating the patient's confidentiality and I ought to remove the photo. I did," he said.

In many cases, the violation is subtle. Many doctors admitted to having used public online platforms to brainstorm about specific cases with fellow practitioners, and some put them up as trophies. While names are withheld, they inadvertently supply other details like age and personal description that allow patients to be identified. "Even if it's an X-ray or an imaging used to diagnose the patient, his or her consent must be sought," said former editor of Indian Journal of Medical Ethics Dr George Thomas. "Do we have adequate guidelines? Yes. Are they followed? Not really. Are violators punished? Rarely," he said.

In September 2014, three doctors in Kerala were suspended on charges of taking pictures of a cesarean section procedure on their mobile phones and circulating them on WhatsApp. "In the case, the woman stumbled upon the pictures and approached the police. Some patients give their consent, but doctors don't really explain where or what they are going to use it for," said Dr Jayalal.

Senior doctors attribute the trend to technological naivete, carelessness and ignorance of ethics. "Almost every surgery is described as extraordinary and posted on social networking sites. We keep asking IMA members to curb this practice unless done specifically for educational purposes," said Dr Jayalal.

Madras High Court advocate Richardson Wilson said the courts had no direct power over doctors unless the patient filed a petition to claim damages. "If there is a clear breach of the code as laid down by Medical Council of India, disciplinary action can be initiated against the doctor by the state medical council. The court steps in only if the patient has faced a loss, like his or her job, because of the act. Then the doctor will have to pay damages, in addition to facing disciplinary proceedings," he said.

This story was originally published in the Times of India