Bill Wichert reports:
A New Jersey plastic surgeon has been slapped with an invasion of privacy lawsuit in state court from a former patient alleging the doctor used “before and after” photos of her for advertising purposes without her consent.
Jennifer Peeples asserts Dr. Paul Fondacaro claimed the photos were solely taken to be included in her patient chart, but has used the images on the website for his business, “Dr. Park Avenue,” and in other social media, according to the complaint filed on June 27 in Bergen County Superior Court.
In addition to invasion of privacy, Peeples is suing for fraud, intentional and negligent infliction of emotional distress and for violating her privacy rights under the federal Health Insurance Portability and Accountability Act, among other claims.
Well, okay, but HIPAA doesn’t have a private cause of action for violations. So what’s that claim really about?
Read more on Law360.com. The case is Jennifer Peeples v. Paul Fondacaro, M.D. et al, case number L-4928-16, in the Superior Court of New Jersey, County of Bergen.