Estate of Berthiaume v. Pratt
Maine Supreme Judicial Court
365 A.2d 792 (1976)
- Written by Miller Jozwiak, JD
Facts
Dr. Loring Pratt (defendant), a physician, gave cancer treatment to Henry Berthiaume. The treatment included several surgeries. During this period, Pratt took several photographs of Berthiaume. The purpose of the photographs was for Berthiaume’s medical record; there was no evidence that the photographs were to be used for teaching or other purposes. There was no written consent for the photographs, but Pratt later testified that Berthiaume consented. On the day Berthiaume died but while he was still alive, Pratt placed Berthiaume’s head on a blue towel to get contrast for another photograph. However, as to these photographs, Berthiaume protested by raising a clenched fist and moving his head out of the camera’s range. Berthiaume’s wife (plaintiff) also told Pratt that she did not think Berthiaume wanted the photographs taken. Pratt took the photographs anyway. Berthiaume’s wife, as administrator of Berthiaume’s estate, sued Pratt for, among other things, invading Berthiaume’s right to privacy. The case went to trial, and at the close of evidence, Pratt moved for a directed verdict, which the trial court granted. Berthiaume’s wife appealed.
Rule of Law
Issue
Holding and Reasoning (Pomeroy, J.)
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