In a common issues trial arising from a certified class proceeding, the court held that a cosmetic surgery clinic and its physician-owner were negligent, breached fiduciary duties, and committed intrusion upon seclusion by operating surveillance cameras in consultation rooms, treatment rooms, pre- and post-operative areas, and the operating room without patient knowledge or consent.
The court rejected the submission that the cameras were justified as security measures, finding instead that they served the defendants’ self-protective interests and recorded highly private medical interactions for no medical purpose.
The court held that no trust relationship over the footage was established, but found vicarious liability and concluded that the intrusion upon seclusion claim could be determined on a class-wide basis using an objective standard.
Aggregate damages of $21,500,000 were awarded for intrusion upon seclusion, together with $1,000,000 in punitive damages, while negligence and breach of fiduciary duty claims requiring proof of individual harm were left for further process.
