Disgraced surgeon 'Dr. 6ix' ordered to pay $22.5M in damages for video surveillance
· Toronto Sun
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OTTAWA — He knew exactly what he was doing.
That was the verdict of Ontario Superior Court Justice Paul Schabas, published last week, who ordered Dr. Martin Jugenburg to pay $22.5 million in damages to his former patients after he was caught secretly recording patients at his posh downtown Toronto plastic surgery clinic.
“As I have found, Dr. Jugenburg knew exactly what he was doing — invading patients’ privacy,” Justice Schabas wrote in his judgement in the class-action suit, describing Jugenberg’s conduct as a physician as “reprehensible” and saying he abused his position of trust while betraying vulnerable patients from whom he was profiting.
“He installed surveillance cameras in very private places for his own benefit. Although not hidden, he did not inform, let alone seek consent from his patients or his colleagues, and few noticed the cameras.”
“Dr. 6ix” ran popular social media channels
Jugenburg, known online as Dr. 6ix, operated 24 surveillance cameras throughout his clinic, Toronto Cosmetic Surgery, which he ran out of the Royal York Hotel between 2017 and 2018.
Following a five-week trial, Schabas ruled Jugenburg was liable for negligence, breach of fiduciary duty and intrusion upon seclusion.
“Despite Dr. Jugenburg’s claim that cameras were common in medical settings, there was no support for this in the evidence, indeed the evidence was to the contrary — cameras are not used in settings where patients are examined,” the verdict read.
“When the camera system was exposed, Dr. Jugenburg disingenuously claimed they were for security and showed no remorse for his conduct.”
The cameras were uncovered as part of a 2018 investigation by consumer affairs program CBC Marketplace .
According to the verdict, 12 female patients who were part of the class-action suit testified at trial.
“Eleven of these patients had consultations and examinations in which they undressed, exposing their breasts and other intimate parts of their
bodies. Ten of them had surgery and follow-up appointments,” the verdict stated.
“The twelfth patient, J.G., who was also Dr. Jugenburg’s public relations advisor, only had Botox treatment that did not involve removing her clothing. Ten of these 12 patients were unaware of the surveillance cameras until the CBC disclosed them in December 2018, or later.”
Patient shocked to see her breast enlargement surgery on the news
Video and audio of 7,196 patients were recorded in exam rooms and surgical suites where it was common for patients to be in various stages of undress.
He also allowed a TV news crew to document a patient’s 2016 breast augmentation surgery , despite her expressly telling Dr. Jugenburg she did not want news cameras in the operating room.
She later learned a clip of her surgery had been broadcast later that day.
Another patient consented only to having her voice appearing on Dr. Jugenburg’s popular social media channels, but later discovered before-and-after photos of her naked breasts had been “mistakenly” posted online.
Hidden cameras were also installed in hallways, a staff room, consultation and procedure rooms, as well as operating rooms and recovery areas.
In early 2019, the College of Physicians and Surgeons of Ontario (CPSO) forced Jugenburg to remove cameras from areas where patients were filmed.
In 2021, CPSO suspended his licence for six months , issued an official reprimand, placed restrictions on his practice and ordered him to pay $31,110 in costs.
“Prior to the CBC investigation, the only sign inside the clinic warning anyone that there were surveillance cameras was on a shelf, obscured, in the clinic operating room, stating that ‘this area is under video surveillance,’ ” the verdict read.
Schabas put aggregate damages at $21.5 million, based on 4,000 surgical patients and 3,000 non-surgical appointments.
Surgical patients will be entitled to receive $5,000, while non-surgical patients are entitled to $500.