Practical problems

Gu wanted to bring confidence through breast augmentation, but instead he brought troubles. The hospital that originally did plastic surgery for Gu expanded the photos of Gu before and after plastic surgery and put them in a conspicuous position in the hospital as advertisements. Because the face was not treated, Gu's colleagues and friends all knew that Gu had had breast augmentation and plastic surgery. Gu was under great mental pressure and suffered from depression. Gu filed a claim with the hospital, but the hospital believed that these photos were all facts and did not agree to compensation. Then, who should pay for Gu's loss?

lawyers' answers

According to the Tort Liability Law, medical institutions and their medical staff should keep patients' privacy confidential. Anyone who divulges the patient's privacy or discloses his medical records without the patient's consent, causing damage to the patient, shall bear tort liability. This is a requirement for the professional ethics of medical institutions and medical staff, and it is also the protection of patients' privacy.

In this case, the hospital used his photos to advertise without Gu's consent, which violated Gu's privacy, and should bear the responsibility for the damage caused to Gu.

Law Links

Tort Liability Law of the People's Republic of China

Article 62 Medical institutions and their medical staff shall keep the privacy of patients confidential. Anyone who divulges the patient's privacy or discloses his medical records without the patient's consent, causing damage to the patient, shall bear tort liability.