What the statutes mean

Chiropractors may treat individuals whose private lives are a matter of interest to the public. This is not only true for sports stars and media personalities but also for important business and social leaders in the community. While a chiropractor may want to enhance their reputation by “name dropping”, the law spells out an individual’s right to privacy.

• A chiropractor may not use the name or picture of any of their patients in any form of advertising or marketing material without having the written consent of that individual. If the patient is a child, you must have the consent of the child’s parent or guardian.

• A chiropractor or their staff may not intrude on the privacy of an individual by discussing the fact that they are a patient or the details of a person’s health history.

• A patient who sues for invasion of privacy may receive damages plus attorneys fees. The damages are not limited to pecuniary losses.

Practical advice

• Some offices use sign in sheets to authenticate a patient’s visit. If this is your practice, you should consider replacing it with an indivudual sign in sheets kept in the patient’s file.

• It is a good idea to periodically remind your staff that a patient has a right to expect their privacy will be respected.

Statute excerpts

895.50(1) The right of privacy is recognized in this state. One whose privacy is unreasonably invaded is entitled to the following relief:

895.50(1)(a) Equitable relief to prevent and restrain such invasion, excluding prior restraint against constitutionally protected communication privately and through the public media;

895.50(1)(b) Compensatory damages based either on plaintiff’s loss or defendant’s unjust enrichment; and

895.50(1)(c) A reasonable amount for attorney fees.

895.50(2) In this section, “invasion of privacy” means any of the following:

895.50(2)(a) Intrusion upon the privacy of another of a nature highly offensive to a reasonable person, in a place that a reasonable person would consider private or in a manner which is actionable for trespass.

895.50(2)(b) The use, for advertising purposes or for purposes of trade, of the name, portrait or picture of any living person, without having first obtained the written consent of the person or, if the person is a minor, of his or her parent or guardian.

895.50(2)(c) Publicity given to a matter concerning the private life of another, of a kind highly offensive to a reasonable person, if the defendant has acted either unreasonably or recklessly as to whether there was a legitimate public interest in the matter involved, or with actual knowledge that none existed. It is not an invasion of privacy to communicate any information available to the public as a matter of public record.

895.50(3) The right of privacy recognized in this section shall be interpreted in accordance with the developing common law of privacy, including defenses of absolute and qualified privilege, with due regard for maintaining freedom of communication, privately and through the public media.

895.50(4) Compensatory damages are not limited to damages for pecuniary loss, but shall not be presumed in the absence of proof.

895.50(6) (a) If judgment is entered in favor of the defendant in an action for invasion of privacy, the court shall determine if the action was frivolous. If the court determines that the action was frivolous, it shall award the defendant reasonable fees and costs relating to the defense of the action.

895.50(6)(b) In order to find an action for invasion of privacy to be frivolous under par. (a), the court must find either of the following:

895.50(6)(b) 1 The action was commenced in bad faith or for harassment purposes.

895.50(6)(b) 2. The action was devoid of arguable basis in law or equity.

895.50(7) No action for invasion of privacy may be maintained under this section if the claim is based on an act which is permissible under ss. 196.63 or 968.27 to 968.37.