Journalist suing hospital for taking pictures of her private parts

PENANG: A freelance journalist who went for a haemorrhoids operation is suing the hospital for taking photographs of her private parts without her consent.

Lee Ewe Poh, 48, obtained a High Court interim injunction yesterday to stop defendants Dr Lim Teik Mau and Loh Guan Lye & Sons Sdn Bhd from publishing, reproducing, distributing or replicating the photographs taken by Dr Lim during the operation last Dec 21.

The interim injunction was granted pending the disposal of the suit. The High Court has fixed Sept 6 to hear the defendants’ application to strike out Lee’s claim.

During Thursday's hearing of the application for an interim injunction, Lee’s counsel K. Simon Murali submitted that she had sought treatment at the hospital last Dec 20.

Following consultation with Dr Lim, Lee agreed to a procedure known as stapler haemorrhoidectomy and she checked into the hospital the same day.

“The procedure was carried out by the first defendant (Dr Lim) the next day and to facilitate the performance of the procedure, the plaintiff was placed in a position exposing her anus and vagina,” Simon Murali said.

He said Dr Lim used his digital camera to take photographs of Lee’s exposed private parts at the beginning of the procedure as well as after.

Lee was not informed that photographs would be taken, he said.

“She only came to know about the photographs on Dec 27. When contacted, Dr Lim told her that the photos were for reference purposes, to be shown to other patients who consult him,” he said.

Lee is seeking a permanent injunction against the use of the photographs, as well as damages.

Dr Lim’s counsel J.J.Chan in reply, said the photographs were taken of the anus only and they were done to show Lee the results of the procedure.

He said the photos, which were part of Lee’s medical records, were at all times meant to be kept private and confidential.

“When Lee confronted Dr Lim, the latter had offered to delete both photos in her presence but she refused.

“There has been no threat whatsoever by Dr Lim to publish or reproduce the photos,” he said.

Chan added if the injunction was granted, it would open floodgates as patients would want to seek injunctive relief each time after receiving treatment although there had been no threat by the doctor to breach confidentiality.

Ramsun Ho who represented the hospital said the alleged act was carried out by the medical consultant and had nothing to do with the hospital.

Source: The Star Online