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Can the photographs in a medical file then serve as a “practical case” to train future health professionals at University? [brève VIDEO et article]

Answer: only with the express and informed consent of the patient (or even, but with caution and in certain cases, if the patient is really not identifiable).

I. Very short video (26 seconds)

Can the photographs in a medical file then serve as a “practical case” to train future health professionals at University? [brève VIDEO et article]

II. Jurisprudential source

Let us cite on this point an interesting judgment of the Strasbourg TA rendered on matters of liability:

“Every patient has the right to respect for his private life and his image. This right covers all information that comes to the attention of the healthcare professional, which is covered by medical confidentiality regardless of its content or medium, including photographs taken for therapeutic purposes and intended to be included in the medical file. These obligations apply to health professionals, including in the context of their educational activities. Finally, if in this context, they can use elements of their patients’ medical files, they must first ensure that they have consented or are not identifiable.

Source : Administrative Court of Strasbourg, 5th Chamber, July 9, 2024, 2207563

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