Doctor Ordered to Pay $18,000 After Photos of Patient's Breasts Surface Online

Patient awarded $18,000 after her photos were accidentally leaked by her plastic surgeon.

Doctors during surgery.
Flickr

Image via Flickr

Doctors during surgery.

Mandi Stillwell, a photographer based in San Francisco, sued her plastic surgeon Dr. Enraquita Lopez after photos of her breasts surfaced online. In March 2013, Stillwell visited Dr. Lopez and she requested breasts implants, a breast lift, and a tummy tuck. 

Stillwell says she provided Dr. Lopez with written consent indicating that he could take photos of her naked torso before and after the surgery as long as she remained anonymous and the images were used solely for the purpose of promoting his clinic online. However, Stillwell found out five months later that those photos were leaked online after someone she met on a dating app informed her of his discovery when typing her name into Google. "It totally triggered what happened in my childhood. I had lots of anxiety, lost a lot a sleep and cried a lot," she said, per the Miami Herald, referencing a childhood where her mother was often critical of her weight.

Dr. Lopez's attorneys argued that the images were uploaded accidentally, and removed after a few days when the clinic learned of their existence online. "This was a very short-term and totally unanticipated glitch in 2013 from ALC’s changes to its website, and there was no other person besides Jane Doe known to have been affected,” Dr. Lopez's attorney Michael Ball countered.

Stillwell demanded $300,000 from Dr. Lopez for emotional distress and lost wages, claiming he failed to protect her patient confidentiality. A Fresno County Superior awarded Stillwell with $18,000 following a deliberation by the jury that lasted less than three hours. 

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