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Journalist sues hospital for taking photos of private parts |
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Friday, 03 August 2007 09:09am |
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©The Star (Used by permission)
PENANG: A freelance journalist who went for a haemorrhoids operation is suing the hospital for taking photographs of her private parts without her consent.
Lee Ewe Poh, 48, obtained a High Court interim injunction yesterday to stop defendants Dr Lim Teik Mau and Loh Guan Lye & Sons Sdn Bhd from publishing, reproducing, distributing or replicating the photographs taken by Dr Lim during the operation last Dec 21.
The interim injunction was granted pending the disposal of the suit. The High Court has fixed Sept 6 to hear the defendants’ application to strike out Lee’s claim.
During yesterday’s hearing of the application for an interim injunction, Lee’s counsel K. Simon Murali submitted that she had sought treatment at the hospital last Dec 20.
Lee agreed to a procedure known as stapler haemorrhoidectomy and she checked into the hospital the same day.
“The procedure was carried out by the first defendant (Dr Lim) the next day and the plaintiff was placed in a position exposing her anus and vagina,” Simon Murali said.
He said Dr Lim took photographs of Lee’s exposed private parts at the beginning of the procedure as well as after.
“She only came to know about the photos on Dec 27. When contacted, Dr Lim told her the photos were for reference purposes, to be shown to patients who consult him,” he said.
Lee is seeking a permanent injunction against the use of the photographs and damages.
Dr Lim’s counsel J.J. Chan countered that only the anus was photographed.
He said the photographs were part of Lee’s medical records.
Ramsun Ho, who represented the hospital, said the photographs were taken by the medical consultant and had nothing to do with the hospital.
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