Comments on: Damnum Absque Injuria?

By: markm

markm — Fri, 29 Feb 2008 14:04:48 +0000

What the doctor did is certainly wrong, but I’m thinking the appropriate damage award here is one dollar.

By: BlueNight

BlueNight — Fri, 29 Feb 2008 13:00:47 +0000

Doctor-patient confidentiality. Example by analogy: if someone was a pre-op transsexual, with all the work complete except the lower plumbing, a doctor would be sorely remiss to take pictures with his cell phone, showing the odd-looking contrast, the apparent hermaphroditism, and then revealing this to people who were not in the room at the time.

The law protects even those of dubious character, morals, and intelligence.

By: Jury?

Jury? — Thu, 28 Feb 2008 23:23:59 +0000

This will never see a jury. It is clearly worthy of summary judgment.

By: Jeff Hall

Jeff Hall — Thu, 28 Feb 2008 17:48:28 +0000

> Query: can one who has his penis tattooed with “Hot Rod” on a $1,000 bet convince a jury — any jury — that he could be “violated, betrayed and disgusted”?

I find it difficult to put myself in the mindset of the victim here. I presume that anyone can be disgusted by something. Learning that your doctor has taken prurient pictures of your genitalia while you were anesthetized might be a bridge too far for most people. Even for Mr. Dubowik.

I thought the most interesting fact reported here is that nobody in the operating room stopped the surgeon from taking the picture (and in fact the incident only came to light when the pictures were circulated around the hospital.) What other pictures were on this creep’s cell phone?

By: CGage

CGage — Thu, 28 Feb 2008 11:13:59 +0000

The last time someone saw the tattoo, he voluntarily accepted $1,000.00 as payment for the sighting and for whatever *actual* pain and suffering was involved in getting the damn thing.

That sounds like a reasonable measure of damages for someone taking an unauthorized peek, especially in light of the fact that the ethical issues are being taken care of by the doctor’s colleagues.

By: Todd Rogers

Todd Rogers — Thu, 28 Feb 2008 02:04:21 +0000

What about the urban legend Rosta: “Welcome to Jamaica and have a nice day?”

By: Ted

Ted — Thu, 28 Feb 2008 01:13:50 +0000

David 5:00 wins.

But I agree with the commenters that the doctor is over the line here. It sounds like the hospital is taking care of it.

By: Joe Bingham

Joe Bingham — Wed, 27 Feb 2008 22:47:11 +0000

It’s obviously unethical, though, and I can’t fault the guy for suing. Certainly not a meritless case, in the common sense of the phrase.

[Ed: IF he sues]

By: Joe Bingham

Joe Bingham — Wed, 27 Feb 2008 22:43:08 +0000

I heard that it said

“Hot R” because they ran out of room.

/duck

Seriously, though, probably no one had ever seen that tattoo before. Poor guy. Ha.

By: David

David — Wed, 27 Feb 2008 21:00:58 +0000

Actually, the tatoo reads: “Hotel Millenium Alaskan, Anchorage. Home of the 2008 Iditarod.”