Photography consent and related legal issues.

The use of photography is an integral part of any plastic surgery practice. Photographs are part of the patient's medical record and thus are covered by both federal and state privacy laws. Liability issues may arise when patients are photographed without their knowledge and consent. With proper written consent, practices may use "before" and "after" photographs of patients. However, some states have specific requirements as to the manner in which these photographs are taken and what claims may appear as text with the photographs. This article seeks to discuss legal issues associated with the use of photography in plastic surgery practices, and provides sample agreements to serve as a basis for addressing these issues.