CNN is reporting that while the late comedian Joan Rivers was under anesthesia during the procedure that led to her death one of the doctors took a selfie with her without her consent. If this allegation is true this is a blatant violation of the Health Insurance Portability and Accountability Act.
This is not the first time a doctor has been accused of inappropriate digital behavior. Earlier this year, a Seattle doctor was accused of sexting during surgery. Last year, a doctor was accused of posting photos of a drunk emergency room patient online. There is no excuse for this type of behavior. Inappropriate digital interactions is not just a problem in the medical profession. An Arkansas judge recently was disbarred for leaking confidential information online about an adoption involving actress Charlize Theron.
Was Ms. Rivers' doctor so focused on getting the perfect selfie that the appropriate standard of care not followed? If it is proven that a doctor took an unauthorized selfie of Joan Rivers during a medical procedure the doctor should lose his medical license. Regardless of the medical examiners findings on the cause of death, the act of taking a selfie with a patient without consent who is being operated on may in and of itself create significant legal liability. There is no room in the medical profession for this troubling behavior.
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