Posting Patient Photographs Requires Explicit Informed Consent
No, you cannot post a patient photograph for evaluation without obtaining explicit written informed consent from the patient (or their guardian) that specifically authorizes this use, even if the image is not identifying. 1
Consent is Mandatory for All Patient Images
All clinical photographs require appropriate patient consent before being shared, displayed, or published, regardless of whether the patient can be identified from the image. 1 The American College of Medical Genetics explicitly recommends that all published clinical photographs, whether likely or not to be identifying, should have appropriate consent from the patient. 1
Key Consent Requirements Before Posting
Written informed consent must be obtained that explicitly discusses all intended uses of the image, including electronic publication and worldwide distribution through various media. 1, 2
The consent must be specific to the intended use - you cannot use a photograph for purposes beyond what was originally consented to (e.g., consent for medical records does not cover posting for evaluation or teaching). 1, 2
For adult patients (18+ years), the patient themselves must provide consent; parental consent is not sufficient. 1, 2
For minors (7-18 years), both parental permission AND the child's assent are required. 1, 2
For patients with developmental disabilities, guardian consent is required, with patient assent when possible. 1, 2
The Informed Consent Process Must Include
Explicit discussion of where and how the image will be displayed, especially emphasizing that electronic publication may reach wider audiences than traditional medical settings. 1, 2
Clear explanation that once posted electronically, the image enters the public domain and cannot be completely removed or controlled, even if consent is later withdrawn. 2
Showing the patient the specific image that will be used so they understand exactly what will appear. 2
Written documentation that the patient's medical care will not be affected by refusing photography or requesting image removal. 1, 2
Providing the patient a copy of the consent form with contact information for future questions or withdrawal of consent. 1, 2
Critical Pitfalls to Avoid
Never assume that "anonymous" or "non-identifying" images don't require consent - current standards require consent for all clinical photographs. 1, 2
Don't use images obtained for one purpose (e.g., medical records) for another purpose (e.g., posting for evaluation) without obtaining new specific consent. 1, 2
Recognize that patient images require the same confidentiality safeguards as other parts of the medical record, even when not used in publication. 1
Understand that you cannot control further use of images once posted online - others may download and redistribute them without your knowledge. 1, 2
Patient Rights That Must Be Protected
Patients can withdraw consent at any time, requiring removal of images from digital displays, teaching files, or internet sites when technically possible. 1, 2
Patients must be informed that print media images cannot be retracted once published, and digital images downloaded by others cannot be controlled. 1, 2
Patient autonomy and confidentiality are paramount - these principles form the cornerstone of ethical medical photography practices. 1