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近期媒体报道了一则医生以拒绝为患者继续治疗来维护自己肖像权的新闻,引起了医疗界的广泛争议。用录音、摄像等手段在医疗机构内记录医生的诊疗过程,是医患双方互不信任的表现。但是,不可否认,医疗实践中患者出于保存资料的目的对医生的诊疗过程拍照的现象屡见不鲜。对此,医院作为提供医疗服务的机构,是否有权拒绝患者的拍摄行为?而医生在此过程中,如何维护自己的肖像权?面对患者的拍照、摄像等行为,医生能否以中断和拒绝对患者的治疗来维护自己的正当权益?带着这样的问题我们走访了律师,听听他们的意见。
Recently, the media has reported that a doctor has refused to continue treatment for patients to safeguard their rights to portraiture, arousing widespread controversy in the medical community. Recording medical records of doctors through medical records and video recordings is a manifestation of mutual trust between doctors and patients. However, it is undeniable that it is not uncommon for patients in medical practice to take pictures of doctors during the course of medical treatment for the purpose of saving information. In this regard, the hospital as a provider of medical services, whether the right to refuse patient’s shooting behavior? The doctor in the process, how to safeguard their portrait rights? Facing the patient’s camera, camera and other acts, the doctor can interrupt and Refused to treat the patient to defend their legitimate rights and interests? With this problem we visited the lawyer to listen to their opinions.