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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Is it legal for a patient to send a penis infection photo to

Customer Question

Is it legal for a patient to send a penis infection photo to my Urologist? Must it be encrypted? Issue is patient is out of town and had possible fungal infection. This is patient taking own pictures and sending to Doctor by email. Can winzip pix with password ***** and give Dr. the password ***** another communication channel (phone)? Dr. is in Maryland. I am the patient. Is my PII protected by password ***** even though my return email address is in message sent? What is minimum I need - Dr. is nervous and unwilling because of lack of knowledge..
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using the forum. My name is ***** ***** I hope to assist you today.

The sharing of photographs for medical purposes (even photos of a patient's genitalia) are not going to create liability between the patient and the provider assuming that both are taking reasonable steps to protect the information.

(Legal liability (criminal or civil) associated with disseminating photos of nude subjects or genitalia deal with doing so for sexual gratification, blackmail, or some other purpose - they do not restrict the treatment of a patient by a physician or healthcare provider). In Maryland, this would fall under MD. CODE ANN., CRIM. LAW § 3-902 (2008). "Visual surveillance with prurient intent"

With this being said, many healthcare providers are reluctant to accept such photographs as there is little (or more accurately, no) guidance on what is or is not acceptable, what security measures must be in place, or what other considerations a provider needs to take (see this very recent article discussing this exact issue: https://www.theguardian.com/society/2016/apr/07/patients-texting-doctors-genitalia-photos-ethics-law).