Ethical Guidelines for Sharing Patient Photos with Unaffiliated Physicians
Written informed consent is required when sharing patient photographs with unaffiliated physicians for consultation purposes, even when the photos contain no identifying information and verbal permission has been obtained. 1
Key Principles for Patient Photograph Sharing
Consent Requirements
- Patient images require the same consent and confidentiality safeguards that pertain to other parts of the medical record 1
- The historical focus on preserving anonymity has shifted toward obtaining full consent for all images, even those that do not identify the patient 1
- Verbal consent alone is insufficient - proper documentation of consent is necessary 1
Proper Documentation Process
- Written consent form should be obtained before sharing photos
- The form should specify:
- Purpose of the photograph (consultation in this case)
- Who will have access to the images (the specific colleague)
- How the images will be transmitted and stored
- Whether images will be anonymized
- Duration of storage (if any)
Privacy and Confidentiality Considerations
Even "non-identifying" photographs of rashes may contain elements that could potentially identify a patient:
- Unique skin markings
- Distinctive tattoos
- Birthmarks
- Jewelry or other personal items visible in the image
The General Medical Council (GMC) guidance indicates that recordings made as part of patient care form part of the medical record, and security should be the same as for written material 1
Common Pitfalls to Avoid
Assuming verbal consent is sufficient: Research shows poor awareness among patients regarding the importance of written informed consent for medical photographs 2
Improper image transmission: Patient-identifiable images should not be stored on personal mobile devices that may be removed from the hospital 1
Inadequate anonymization: Simply removing face/name may not be sufficient if unique identifying features remain visible
Failure to document consent in medical record: The consent form should be included in the patient's chart
Assuming non-identifying photos don't require consent: Current ethical standards recommend full consent for all images, regardless of identifiability 1
Best Practice Recommendations
- Develop a standardized consent form specifically for clinical photography sharing
- Document the consent process thoroughly in the medical record
- Use secure, HIPAA-compliant methods for transmitting images
- Limit the image to only what is necessary for consultation
- Delete images after consultation is complete if not needed for ongoing care
- Consider using hospital-approved secure messaging or telehealth platforms rather than personal devices
While obtaining expert consultation is valuable for patient care, the process must respect patient autonomy and privacy through proper consent procedures. The potential benefit of consultation must be balanced with maintaining strict confidentiality standards.