Plastic surgeon facing disciplinary charge over allegations he filmed patients without consent

A Toronto plastic surgeon is going through a disciplinary cost on allegations that he filmed hundreds of sufferers at his clinic, together with whereas they had been absolutely or partially bare, with out correct notification or consent.

Dr. Martin Jugenburg, whose two-storey clinic is situated in Toronto’s Royal York resort, can be accused of posting photographs of a affected person’s naked breasts on his social media with out her consent.

It is also alleged the surgeon — who calls himself “Dr. 6ix” — allowed a tv crew to movie a breast augmentation surgical procedure in opposition to one other affected person’s needs.

“What this case is about is Dr. Jugenburg’s repeated breaches of his sufferers’ privateness, his repeated breaches of his sufferers’ confidentiality,” Carolyn Silver, a lawyer representing the regulator, informed the disciplinary panel.

“And these breaches by Dr. Jugenburg concerned not solely his personal sufferers, however many different sufferers who had been seen at his workplace in downtown Toronto by different physicians who he allowed to make use of his workplace area.”

In a video convention listening to earlier than the disciplinary committee of the Faculty of Physicians and Surgeons of Ontario on Wednesday, a lawyer for Jugenburg stated the physician admits he dedicated skilled misconduct.

Nevertheless, Jugenburg disputes components of the allegations in opposition to him and proof on these points will probably be heard within the coming days.

Cameras put in at clinic

In line with an agreed assertion of details, 24 cameras had been put in all through the clinic in early 2017, some that recorded audio in addition to video. These had been situated in examination and working rooms, within the reception space, in hallways and different areas, even areas utilized by different docs on the clinic.

There have been two indicators noting the presence of cameras: one in one of many lobbies and one other within the working room, although the latter was not simply seen to sufferers, the doc stated.

“There have been no indicators notifying sufferers that they had been being recorded throughout their affected person encounters, consultations and/or procedures. [Jugenburg] additionally didn’t inform sufferers that these recordings had been accessible to him on his cellphone” by an app, it stated.

A safety digicam, situated within the higher left nook of this photograph, is seen within the ready room of the Toronto Beauty Surgical procedure Institute in 2018. In line with Ontario’s Info and Privateness Commissioner, the cameras have since been eliminated. (CBC)

In some recordings obtained by the regulator, sufferers had their “breasts, buttocks and genitals uncovered,” the doc stated.

In late 2018, Jugenburg despatched an e mail to sufferers he had seen over the past two years, explaining there had been cameras for “safety functions” and apologizing for not being extra “proactive” in speaking their presence, the assertion stated. He didn’t contact the sufferers of different docs on the clinic.

Over this time interval, Jugenburg and the opposite physicians would have seen hundreds of sufferers, the doc stated.

Among the sufferers the regulator spoke to throughout its investigation stated they had been unaware of the cameras and wouldn’t have gone by an examination or session had they recognized, the assertion stated. Some had been “upset, embarrassed and or distressed in regards to the surveillance,” it stated.

Regulator makes orders

Final yr, the regulator ordered the surgeon to take away all cameras from examination rooms and different areas the place sufferers could transfer or take away clothes.

The assertion of details additionally laid out an incident involving a affected person recognized solely as L.P., who underwent a breast augmentation, tummy tuck and liposuction in Might 2016.

After the profitable process, Jugenburg requested L.P. if he might use photographs of her on his social media accounts, which included Instagram and Snapchat, the doc stated.

L.P. agreed to have her voice in a Snapchat video however no photographs, and signed a consent kind on the understanding that Jugenburg would observe these verbal directions, it stated.

Dr. Martin Jugenburg goes by the identify Dr. 6ix on his social media channels, a reference to a well-liked nickname for town of Toronto. (Carlos Osorio/Toronto Star through Getty Pictures)

The preliminary Snapchat put up used solely her voice however photographs of L.P. had been later revealed on social media twice because of a “mistake,” it stated.

In a single occasion, the surgeon was filming a tour of the clinic for Snapchat and confirmed a pc display screen which displayed L.P.’s picture earlier than and after the surgical procedure, the assertion stated.

“The photograph displayed Ms. L.P.’s total torso, together with her naked breasts,” however didn’t present her face or identify, it stated.

On a second event, these photographs had been posted to Jugenburg’s Instagram account, though along with her nipples censored, it stated.

Affected person ‘mortified,’ paperwork say

L.P. found the pictures and was “mortified,” it stated. She known as the clinic to have the photographs taken down. Jugenburg known as her to apologize and stated it had been an error.

The girl stated she felt she had been pressured to contribute to Jugenburg’s social media accounts and that “his focus was on his social media slightly than her restoration.”

Later in 2016, a International Information crew filmed a breast augmentation surgical procedure carried out by Dr. Jugenburg, the assertion stated.

When wanting into the affected person’s chart throughout the investigation, the regulator discovered {that a} be aware had been added a yr later to say that the affected person was conscious the process can be recorded, the doc stated.

In her opening arguments, nonetheless, Silver stated the affected person — recognized solely as C.B.P. — had the truth is objected to having a TV crew current when requested for her consent instantly earlier than the surgical procedure.

C.B.P. was “extraordinarily upset” when she came upon a phase on her surgical procedure had aired, the lawyer stated.

“There may be not one iota of documentary proof … suggesting that Ms. C.B.P. did consent to have International TV within the working room for her surgical procedure or filming for surgical procedure, not one iota of documentary proof that was contemporaneous on the time,” she stated.

Jugenburg, 45, is predicted to testify Thursday. The identities of the sufferers are protected below a publication ban.

A proposed class-action lawsuit in opposition to the physician was additionally launched late final yr in reference to the surveillance cameras.

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