What can Idoifan article that I wrote along withmy likenessis being used bymy chiropractorin their advertising?

My chiropractic office has used my image and an article I wrote years ago in a mailer, without my knowledge or consent. Additionally, it is available on their company website. This article contains personal information about my health. Originally, the photo and article were used a part of “The Patient of the Month” and is posted in the medical office. It is still there. I really do not recall ever signing any legal documents, and this is the second time the company has done this. 2 years ago they used my image only on a postcard. I want to know what options I have to address this?

Asked on July 22, 2010 under General Practice, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You shoudl consult with an attorney. On the face of it, you may have two distinct claims here, as you have intuited:

* Commerical use of your likeness without your permission

* Invasion of privacy (at least if the facts are such that a reasonable person would not want them to be divulged)

You may be able to sue the chiropractor for damages. You might also be able to get a court order stopping them from doing this.

However, on a more practical basis, if they have done this before, so this is the second time, you should probably take your custom elsewhere; they do not appear to be  very respectfual of their patients' rights.


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