Going to see a fertility specialist, the whole company knows about infertility
Indignantly reporting to SGGP Newspaper, Ms. NTHTr. (28 years old, living in Binh Thanh District, Ho Chi Minh City) said that she had a nose job at a cosmetic facility and was asked by the doctor to take a photo for her records. Later, Ms. Tr. discovered that her image was posted on the clinic's fanpage, website, and TikTok with an advertising caption. Ms. Tr.'s entire cosmetic procedure was posted, making her feel betrayed.
Similarly, Ms. Tr.Th.DH (32 years old, living in District 11, Ho Chi Minh City) shared a funny situation when she went to a clinic in District 5 of a famous infertility doctor for examination. During the examination, the doctor explained in detail the reasons for the difficulty in conceiving. However, the doctor recorded and edited the entire consultation process and posted it on his personal TikTok account. “I thought that only the doctor and my husband knew about my private story. When my colleagues at the company visited and encouraged me, I was shocked because many people had watched the video and knew about my husband and I's "suffering" in our journey to find a child," Ms. DH said indignantly.
Recently, many doctors have used social media as a communication tool to share medical knowledge, promote their personal image or the medical facility where they work. However, some cases have gone too far by posting images of patients, even livestreaming the entire examination and surgery process to thousands of followers. Typically, on the TikTok accounts of Dr. D., Dr. Th., Dr. Kh... (introduced as obstetricians and gynecologists, with millions of followers), they regularly post videos about the reproductive health examination process and childbirth of pregnant women.
The content of the videos posted are mainly stories about women who have difficulty conceiving or talk about reproductive knowledge, or the results of treatment are babies born through artificial insemination. An account named Dr. HV (specializing in digestive treatment at a large hospital in Ho Chi Minh City) also regularly posts examinations, endoscopy, and even surgery for patients. Although most of the videos cover the patient's face, the audio of the conversation with the patient remains intact. In some cases, the facilities even show before and after photos of the patient's cosmetic surgery for comparison in order to advertise and attract customers...
Privacy Protection
According to Associate Professor, Dr. Nguyen Huy Quang, former Director of the Legal Department ( Ministry of Health ), Vietnam has established a clear legal framework to protect privacy and personal information about people's health and illness in many legal documents, especially the Law on Medical Examination and Treatment 2023 and Decree No. 13/2023/ND-CP on personal data protection.
Some images of patient examination and treatment were posted on social networking sites.
Therefore, medical facilities and medical staff have the responsibility to strictly comply with these regulations to ensure the rights of patients. Cases in which medical practitioners post images and videos of patients' examination and treatment processes on social networks must be strongly condemned. It is time to have specific guidelines and strict sanctions for the use of images and information of patients on social networks. The media cannot be used as an excuse to violate the privacy of others.
Some psychologists say that many patients, out of respect for doctors or not understanding their rights, have unintentionally made their personal images public without fully understanding the consequences. Especially in sensitive areas such as aesthetics, obstetrics, andrology, psychiatry, etc., revealing personal information can lead to psychological trauma, social stigma, and affect work and life. “Doctors who both examine patients and livestream publicly on social networks not only cause an unpleasant image but also have many potential consequences. If they want to share medical information, doctors can use illustrative images, simulation videos, or organize private consultations outside of working hours. The clinic is a place to practice medicine, not a social media stage,” said one expert.
According to a doctor working at a public hospital in Ho Chi Minh City, the first and most common principle for all doctors and medical staff is to respect the patient's privacy. Without the patient's consent, medical staff are not allowed to post or disclose patient medical records or images. Many doctors today consider social media a tool to build their personal brand, but if they lack medical communication skills, this can easily backfire. Livestreaming during medical examinations not only violates the law but also affects personal reputation.
Attorney TRAN CONG TU, Can Tho City Bar Association:
Serious legal consequences
Article 21 of the 2013 Constitution and Article 38 of the 2015 Civil Code stipulate: Private life and personal secrets are inviolable and protected by law; the collection, storage, use and disclosure of information related to private life and personal secrets must have the consent of that person, unless otherwise provided by law.
Clause 5, Article 45 of the 2023 Law on Medical Examination and Treatment also stipulates: The obligation of medical practitioners is to keep the patient's medical condition, the information provided by the patient and the medical record confidential, except in cases where the patient agrees to share the information. The use of images, videos, or even livestreaming of the patient's examination and treatment process on social networking sites by doctors without or without the patient's consent is a violation of the law and may result in an administrative fine of 1-3 million VND. In addition, patients can file a lawsuit to request the removal of images and information disclosed on social networking platforms and claim compensation for damages (if any).
MINH NAM
Source: https://www.sggp.org.vn/dang-tai-hinh-anh-nguoi-benh-len-mang-xa-hoi-vi-pham-quyen-ca-nhan-va-bi-mat-doi-tu-post798808.html
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