Class Actions

Dr. 6ix Class Action —

This proposed privacy class action is brought against Dr. Martin Jugenburg and his professional corporation on behalf of all patients who attended at the Toronto Cosmetic Surgery Institute from January 1, 2012 to February 28, 2019.

Case Overview

Waddell Phillips has joined forces with Howie, Sacks & Henry, and Beyond Law to launch a class action against Dr. Martin Jugenburg (the self-styled “Dr.6ix”).  The claim alleges that Dr. Jugenburg took photographs and videos of his patients without their consent, including during their private consultations and during surgeries.  The claim alleges that many of these photos and videos ended up posted on an array of social media channels.

The lawsuit alleges that by taking photos and videos without patients’ consent and by using them for personal and business advertising purposes (displayed on social media), the patient’s reasonable expectations of privacy were breached.

The facts

Dr. Jugenburg is a plastic surgeon practicing primarily in his Toronto-based clinic, the Toronto Cosmetic Surgery Institute. His practice is focused on cosmetic surgical procedures for women, including breast augmentations, tummy tucks and liposuction.

Posting under the name Dr. 6ix, or “realdrsix” Dr. Jugenburg often shares photos of his patients as well as videos of his operations to his followers on social media (including over 100,000 followers on Instagram alone).

CBC Marketplace discovered in December 2018 that Dr. Jugenburg had installed cameras all around his clinic that recorded patients in waiting, consultation, examination and operating rooms without their consent. CBC’s reporting prompted investigations by the Ontario Privacy Commissioner and the College of Physicians and Surgeons of Ontario.

There is a pending CPSO discipline proceeding against Dr. Jugenburg for professional misconduct. As of February 28, 2019, he has entered into an undertaking with the CPSO confirming that there will be no security cameras or video surveillance in any areas where patient encounters may occur, and he is required to clearly post a warning about any security cameras or video surveillance recording devices in entranceways or waiting areas.

The law

Every medical practitioner is obliged to maintain patient-doctor confidentiality and to protect the privacy of the patient’s personal health information. This includes protecting private images from being disseminated to the public absent express and informed consent from the patient.

Every patient of Dr. Jugenburg could reasonably expect their privacy and confidentiality rights would be respected. That means not having their appointments or procedures videotaped without their consent or knowledge. It also means that, unless a patient gave informed consent, images from those visits should be recorded for medical purposes only and must be kept private and confidential, and protected from the potential for public disclosure.

The Proposed Class Proceeding

Waddell Phillips, Howie, Sacks & Henry, and Beyond Law have been retained by two of Dr. Jugenburg’s patients, after they learned about the non-consensual videos taken of their visits.

The class action lawsuit claims Dr. Jugenburg is liable for breach of fiduciary duty, breach of confidence, breach of trust, intrusion upon seclusion and invasion of privacy, among other liabilities.

There is no cost to you to participate as a class member in this proposed class action. The lawyers are working on a contingency fee arrangement, and will only be paid from the proceeds of the litigation, if it is successful

Contact us

If you were a patient of Dr. Jugenburg between January 1, 2012, and February 28, 2019, you may be eligible for compensation for the damages you suffered due to the invasion of your privacy and breach of your doctor-patient confidence.

To identify yourself as a potential member of this class action and for more information, please complete our confidential online form and a member of our team will get back to you, typically within one business day.

Contact

 

Case Overview

Waddell Phillips has joined forces with Howie, Sacks & Henry, and Beyond Law to launch a class action against Dr. Martin Jugenburg (the self-styled “Dr.6ix”).  The claim alleges that Dr. Jugenburg took photographs and videos of his patients without their consent, including during their private consultations and during surgeries.  The claim alleges that many of these photos and videos ended up posted on an array of social media channels.

The lawsuit alleges that by taking photos and videos without patients’ consent and by using them for personal and business advertising purposes (displayed on social media), the patient’s reasonable expectations of privacy were breached.

The facts

Dr. Jugenburg is a plastic surgeon practicing primarily in his Toronto-based clinic, the Toronto Cosmetic Surgery Institute. His practice is focused on cosmetic surgical procedures for women, including breast augmentations, tummy tucks and liposuction.

Posting under the name Dr. 6ix, or “realdrsix” Dr. Jugenburg often shares photos of his patients as well as videos of his operations to his followers on social media (including over 100,000 followers on Instagram alone).

CBC Marketplace discovered in December 2018 that Dr. Jugenburg had installed cameras all around his clinic that recorded patients in waiting, consultation, examination and operating rooms without their consent. CBC’s reporting prompted investigations by the Ontario Privacy Commissioner and the College of Physicians and Surgeons of Ontario.

There is a pending CPSO discipline proceeding against Dr. Jugenburg for professional misconduct. As of February 28, 2019, he has entered into an undertaking with the CPSO confirming that there will be no security cameras or video surveillance in any areas where patient encounters may occur, and he is required to clearly post a warning about any security cameras or video surveillance recording devices in entranceways or waiting areas.

The law

Every medical practitioner is obliged to maintain patient-doctor confidentiality and to protect the privacy of the patient’s personal health information. This includes protecting private images from being disseminated to the public absent express and informed consent from the patient.

Every patient of Dr. Jugenburg could reasonably expect their privacy and confidentiality rights would be respected. That means not having their appointments or procedures videotaped without their consent or knowledge. It also means that, unless a patient gave informed consent, images from those visits should be recorded for medical purposes only and must be kept private and confidential, and protected from the potential for public disclosure.

The Proposed Class Proceeding

Waddell Phillips, Howie, Sacks & Henry, and Beyond Law have been retained by two of Dr. Jugenburg’s patients, after they learned about the non-consensual videos taken of their visits.

The class action lawsuit claims Dr. Jugenburg is liable for breach of fiduciary duty, breach of confidence, breach of trust, intrusion upon seclusion and invasion of privacy, among other liabilities.

There is no cost to you to participate as a class member in this proposed class action. The lawyers are working on a contingency fee arrangement, and will only be paid from the proceeds of the litigation, if it is successful

Contact us

If you were a patient of Dr. Jugenburg between January 1, 2012, and February 28, 2019, you may be eligible for compensation for the damages you suffered due to the invasion of your privacy and breach of your doctor-patient confidence.

To identify yourself as a potential member of this class action and for more information, please complete our confidential online form and a member of our team will get back to you, typically within one business day.

Contact

 

The Statement of Claim was issued on November 28, 2019.

Additional updates will be posted as the action progresses.

We review every inquiry we receive and will respond promptly to case specific inquiries.
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