Documentation and record keeping are not only best practice for aesthetic clinics but often a mandatory requirement for insurance coverage, especially when it comes to taking before and after images.
Photos are as important when it comes to documenting as the notes you take. They can serve as crucial evidence of how the patient presented at baseline and the outcomes you achieved. This means they play a pivotal role in both patient care and legal protection should a complaint or claim be made against you.
However, failing to keep proper records is one of the ways people come unstuck, as highlighted by Emma Bracchi, our Senior Client Services Technician, in our article about the seven most common insurance mistakes. She says, “Proper documentation is crucial when it comes to insurance claims. Yet many people fail to maintain up-to-date records or take necessary photographs.”
Many insurance policies stipulate taking before and after photos to document treatments. Failure to adhere to this requirement can lead to complications in the event of a claim. Without proper photographic evidence, defending against allegations becomes challenging.
Hamilton Fraser’s founder and CEO, Eddie Hooker, explains, “Under most malpractice policies and indemnity policies, you are required under the terms of the policy to take before and after photos. If a claim or allegation is made against you, and you don’t have those photos, that puts you in breach of your policy condition, so you've got to make sure you have before and after photos.”
Our experienced cosmetics claims handler, Priya Chander, adds, “It is a policy obligation to take photos of injectable treatments. We have had many instances where photos have not been taken before an injectable treatment, and cover has had to have been repudiated because of this.”
Practitioners are advised to familiarise themselves thoroughly with their policy conditions to make sure they are compliant. Additionally, Emma advises keeping patient records and data safe and saving them for 10 years so that you have evidence if a claim is made in the future.
It is no good just taking photographs if they are not high enough quality to accurately record treatment outcomes.
Priya advises, “Make sure that the photos taken are clear and capture the treatment area clearly. Also, make sure that photos are time stamped; this helps in cases of formal claims to evidence when they were taken. And try to have a backup of the photos in case they become lost or damaged.”
Here are some more tips for taking accurate and consistent imagery:
Consent is a key part of accurate record-keeping. Before capturing any photographs, it is imperative to obtain explicit consent from the patient. This consent should detail how and where the images will be used, whether for medical records, educational purposes, or marketing. Best practices include:
Neglecting proper procedures for obtaining consent or securely storing patient images can lead to significant legal repercussions. There have been instances where practitioners faced claims because they shared patient photos on social media without prior consent, resulting in damages and legal fees. To mitigate such risks, always obtain explicit consent before using patient images for any purpose beyond their medical record. See our guide to consenting and consultations for more guidance on this.
Priya comments, “We have had instances where the practitioner took photos and posted them on social media without the patient’s prior consent. This resulted in the patient making a claim against them, and in turn, damages had to be paid to the patient, as well as the legal fees for the matter.”
Our article on social media marketing for aesthetic practitioners provides more information.
Protecting patient confidentiality is paramount when it comes to photographic documentation. Photographs should be stored securely, adhering to data protection regulations such as the General Data Protection Regulation (GDPR).
The JCCP’s safeguarding guidelines highlight the importance of record keeping, advising practitioners to:
In our recent safeguarding survey, when asked about patient imagery and sensitive data, we found notable gaps in compliance:
Our partner, Aesthetic Nurse Software, advises that photos should be stored securely on encrypted systems, making sure access to images is restricted to authorised personnel and regularly reviewing and updating storage protocols to make sure you are compliant.
Recommendations for safeguarding patient imagery include:
Molly Gaunt from ANS comments, “You can’t be keeping sensitive images like patient photos next to pictures of your weekend BBQ on your phone – that's just not safe or professional. Our software makes sure that everything is stored securely on protected servers, everything’s password-protected, and it’s all compliant with data protection laws.”
Failing to properly and securely store images could be breaching patient confidentiality and could be a safeguarding issue if, for example, images are of intimate areas, a real concern with more and more clinics offering treatments for intimate health.
You can read our guide to safeguarding here.
Being diligent about photographic documentation is essential in aesthetic practice. By making sure you take consistent, accurate before and after images and adhere to consent protocols and data protection regulations, you will not only be fulfilling your insurance requirements but also upholding patient trust and safeguarding against potential legal challenges.
Read our guide to imagery, photos and records in aesthetics to learn more about the role of imagery in aesthetics and discover tips on best practices for its ethical and effective use.
.png)
.png)
