In a deposition, the doctor – Dr. Patrick Yang – said he thought the patient would find it all funny. After seeing the photograph, the patient apparently did not and sued both the anesthesiologist and the hospital – Torrance Memorial Medical Center – in Los Angeles County Superior Court in California, for violation of privacy and infliction of emotional distress, according to a report in the Los Angeles Times earlier this month.
 
The incident, which the hospital has acknowledged and apologized for, occurred in 2011, and involved a woman who had worked at the hospital ordering surgical supplies. Stickers were decorated and cut out to create a mustache and tears on the patient, after which the aide took a photo.
 
At least one person reported seeing the photo on Facebook, but lawyers for the hospital say there is no evidence it was ever published online. The woman was in surgery for a procedure on a finger.
 
“The idea that people are using their cellphone or even have one in the operating room is crazy,” the Times quoted Dr. Deborah Peel, founder of the Austin-based nonprofit advocacy group Patient Privacy Rights, as saying. “It's a massive security risk and incredibly insensitive to patients.”
 
For tips on how to protect patient privacy and keep staff trained on hospital policies, read Inside the Joint Commission.