A statement issued by the Board of the College of Physicians and Surgeons informed that doctors can suspend the care of a patient if the person decides to take pictures or record video of what is happening.
This applies if the doctors have not given their consent, either in a private or public institution.
This decision contradicts document DJ-03962-2015, endorsed by Isabel Martínez Meneses, head of Technical Management and Legal assistance at the Costa Rican Department of Social Security and Ileana Badilla Chaves, a lawyer from that office, who issued a criterion of legality, which concluded that professionals in medical sciences should enable users to record audio and video on any procedure carried out by the institution.
In that moment, the Fund explained that professionals in medical sciences employed by the institution are public servants and they cannot claim violation of image rights, as they are excluded from that protection, guaranteed in Article 47 of the Code Civil, and they cannot claim violation of professional secrecy, since that right belongs to the patient.
However, the College of Physicians assures that videos and photos that have recently circulated, which have been used to report poor care from medical staff, have exposed the doctors’ image to public opinion and the institution consider that they have been shown in a threatening manner and, sometimes, as a mockery.
You can see the full statement by clicking here.