Dentist posting bef/after picts to advertise dental procedure in his wbpage

[kaubraz]

What is the name of your state (only U.S. law)? CA

Hello,
My dentist posted four pictures of me (2 with my face and 2 other pictures only my mouth and teeth) to advertise a dental procedure in his website. I have never been notified about it neither asked permission to do so. I did authorize him to use post a written testimonial in which I mentioned to be happy with the procedure. In this page linked as "service provided" there are only models advertising different types of procedure. I only found out becau I was trying to schedule a cleaning and found my pictures while searching his webpge to get his phone number. honestly, I am very embarrassed to see those pictures. I feel my patient privacy was expose to his own gain. At the time I was modeling, and there are a lot of famous people who works with him. I think it could had damage my carrier to an extended that I don't know.What is the name of your state (only U.S. law)?

 

[The Occultist]

I have two points to raise:

1) How do you know it is you?

2) You didn't actually ask a question; did you have one?

 

[quincy]

Answer to question number one: Two pictures were of kaubraz's face.

It is a misappropriation of your likeness to use your image for advertising purposes without your express written consent, so you are right to believe that your privacy was invaded for the dentist's own personal gain. It is a violation of California law.

If you are sure that the written permission you did grant the dentist was limited to a written testimonial of the procedure, and did not grant the dentist the right to display before and after photographs, you could consult with an attorney to see about legal recourse. A demand to have the photos removed from the dentist's web page would be a reasonable first step to take.

 

[Mass_Shyster]

At the time I was modeling

Have your agent send the dentist a bill for your modeling.

 

[kaubraz]

Thank you Quincy and Stevef for your reply.

Answer to #3: Yes, I have not signed a written consent to use my picts as an advertisement. I will consult an attorney. Thank you
Answer to #4: I have done this procedure 3 years ago. I went to his office for routine check-ups a few times since then, and he never mentioned to me nothing about it. I just found out about it 4 days ago after losting my cellphone with his number inside. At the time, I did not have one agent working for me. Me and my friends (models too) would do our own search to find gigs. This system worked well for us. I worked for 4 sessions for one big girl clothes, appear in magazines and did a lot of events...and some projects for MTV. I don't have an agent to send my dentist a bill. But bc I am an "independent contractor" I think I can do that myself. I will consult an attorney to guide me through the procedure of removing the pictures, advertisement compensation, and (what upsets me the most) exposing my medical records online (what happened to patient confidenciality)

 

[Zigner]

Betcha he did sign a release...