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A Toronto cosmetic surgeon is facing a class action lawsuit accusing him of taking videos and photographs without patients’ consent, posting many of them on social media channels.
Dr. Martin Jugenburg, who markets himself under the pseudonym “Dr. 6ix,” works as a plastic surgeon in Toronto through a professional corporation titled Dr. Jugenburg Medicine Professional Corporation.
Dr. 6ix offers cosmetic surgical procedures that are targeted primarily to women. These procedures include breast augmentations, “Brazilian Butt Lifts,” liposuction, labia reduction, and other cosmetic surgeries. In most cases, patients pay out-of-pocket because many of the procedures are not covered by health insurers.
In December 2018, CBC Marketplace reportedly discovered that Dr. 6ix had installed cameras throughout his clinic that recorded patients without their consent. The cameras were reportedly installed in waiting rooms, consultation rooms, examination rooms and operating rooms.
In response to CBC’s reporting, the Ontario Privacy Commissioner and the College of Physicians and Surgeons of Ontario launched an investigation into the allegations of professional misconduct.
Two patients of Dr. 6ix filed the breach of privacy class action lawsuit in November 2019 on behalf of themselves and a proposed Class of all patients who were seen at the Toronto Cosmetic Surgery Institute between Jan. 1, 2012 and Feb. 28, 2019.
The Dr. 6ix class action lawsuit was amended to include an additional plaintiff in February 2020.
“As a physician and health information custodian, Dr. Jugenburg is obliged to maintain patient-doctor confidentiality and to take all reasonable steps to protect the privacy of his patients and their personal information, including personal health information,” the Dr. 6ix class action lawsuit states.
“All of these duties were violated by Dr. Jugenburg,” according to the Dr. 6ix class action lawsuit.
The plaintiffs accuse Dr. 6ix of placing devices that were capable of recording both video and audio throughout the clinic, in spaces “where private conversations between patients and persons accompanying them took place, patient medical histories were discussed, and patients were often instructed to undress, respectively.”
The recording devices were also reportedly installed in operating rooms in which patients were sedated and were fully or partially undressed during their operations. According to the Dr. 6ix class action lawsuit, a total of 24 recording devices recorded the entire premises of the clinic 24 hours per day.
Even if a patient gave informed consent to have their procedures recorded on video, the videos should have been used only for medical purposes, kept private and confidential, and protected from potentially being disclosed to the public. However, Dr. 6ix reportedly used the images he surreptitiously recorded to promote his cosmetic surgery business.
“These photographic images and videos were published on the internet, including on popular social media platforms such as Snapchat, Instagram, Twitter, Facebook, and YouTube, without patient consent and often even without the patient’s knowledge,” the Dr. 6ix class action lawsuit asserts. Since approximately May 2016, these images and videos have reportedly made up a “significant majority” of Dr. 6ix’s marketing efforts.
“These efforts have resulted in Dr. Jugenburg enjoying greater professional success — as evidenced by the expansion of the Clinic — with associated elevated profits,” the invasion of privacy class action lawsuit alleges.
On Feb. 28, 2019, Dr. 6ix entered into an agreement with the CPSO confirming that there will be no video surveillance in areas where patient interactions take place. He is required to post clear warnings about any security cameras or other video surveillance recording devices installed in waiting areas or entrances.
Dr. 6ix’s conduct has allegedly caused the plaintiffs to suffer significant harm including emotional, physical and psychological harm. They say that they will require ongoing therapy, counselling and treatment due to the egregious violation of privacy they suffered.
The plaintiffs are seeking $50 million for breach of trust, breach of fiduciary duty, negligence, unjust enrichment, breach of confidence, intrusion upon seclusion, and the tort of public disclosure of private facts. They are also seeking $25 million in punitive and exemplary damages.
“The prolonged, intrusive and exploitative nature of the mistreatment to which the Class members were subject at the hands of Dr. Jugenburg–who showed no regard for their bodily integrity or emotional wellbeing–represented a willful and flagrant betrayal of their trust and vulnerabilities and was of such a serious nature as to justify an award of both aggravated and punitive damages against the Defendants,” the Dr. 6ix class action lawsuit states.
What do you think about the Dr. 6ix class action lawsuit? Should the patients have been notified that they were being recorded for possible advertising? Tell us your thoughts in the comment section below!
Class Members are represented by Kate Mazzucco and Josh Nisker of Beyond Law LLP; Margaret Waddell and Tina Q. Yang of Waddell Phillips Professional Corporation; and by Paul Miller and Valérie Lord of Howie, Sacks and Henry LLP.
The Dr. 6ix Class Action Lawsuit is G.C., et al. v. Martin Jugenburg, et al., Case No. CV-19-00631903-00CP, in the Ontario Superior Court of Justice, Canada.
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