An Atlanta-area plastic surgery clinic has been hit with a lawsuit for allegedly posting nude photographs of a patient on the internet.
A woman is suing Celebrity Body Sculpting and Cosmetic Surgery Center over the photographs, which were allegedly posted on the clinic’s website without her permission. Those photos allegedly featured one or more identifiable tattoos.
The lawsuit, filed July 9, said the woman first complained about the photos last year. While they were removed from Celebrity’s website, they “still exist on Yelp, and Facebook, and many other places on the Internet.”
A staff member at Celebrity, which is based in Union City, said there would be no comment on the litigation. The clinic’s website still features several “before and after” pictures of women, including some portraying full or partial nudity.
The “Jane Doe” suit was filed in Fulton County State Court by Atlanta solo Ricardo Mosby against Celebrity Body Sculpting and Cosmetic Surgery Center and two “John Doe” defendants. Mosby was unavailable for comment Thursday.
According to the complaint, the plaintiff went to Celebrity in July 2016 for an examination to determine whether she was a suitable candidate for cosmetic surgery. She “signed a ‘Notice of Privacy Practices Acknowledgment pursuant to the Health Insurance Portability & Accountability Act of 1996 (HIPPA)’” prior to the exam, according to the complaint.
She underwent a cosmetic procedure a few days later and returned months later for another procedure to “correct issues” from the first.
Doe later became aware that “nude pictures of her entire body” were “prominently exposed and displayed“ on the center’s website and other websites. Those photos had identifiable and recognizable tattoos.
“The defendants knew these photos were private, confidential and protected by state and federal health laws,” it said.
An attorney, who previously represented Jane Doe, sent a certified letter to Celebrity last year demanding the photos be removed from its website ”and from their paid advertisements on Yelp, Facebook and any other sites it had been disseminated.” But the photos remained on Yelp and Facebook, according to the lawsuit.
The complaint includes counts for invasion of privacy, breach of contract and misrepresentation, breach of fiduciary duty, violation of state and federal health care laws, intentional infliction of emotional distress, negligence, vicarious liability, injunctive relief and punitive damages.
The suit comes in the wake of unrelated, highly publicized videos of a now-suspended plastic surgeon who posted YouTube videos of herself and her staff dancing and mouthing rap lyrics while operating on patients.
Dubbed the “Dancing Doctor,” the videos of Dr. Windell Davis-Boutte made her an internet star before her medical license was suspended last month over allegations that she injured several patients by botching medical procedures.