What to do when a patient wants to record a patient-physician interaction in the emergency department

CJEM
Brodie NolanBryan Au

Abstract

Recent technological advances allow for instantaneous high quality video and audio recordings with the touch of a button. In Canada, patient privacy is highly regulated by provincial legislation, although patients themselves have little in the way of laws or regulations to observe. Patients taking video recordings of their own medical care does not currently fall under any of the provincial privacy laws. With no such governance for the general public, patients generally have greater freedom to record a patient-physician interaction. Unfortunately, there are no official policies from the provincial physician colleges regarding how best to proceed in these circumstances. Therefore, the onus is on individual hospitals and emergency departments (EDs) to develop their own policy on video recordings. A policy should ideally cover possible recording devices, locations, staff involved, and mandate that a written consent form be included with the patient's chart. While every request should be considered individually, physicians should generally not feel compelled to agree to the patient recording the clinical encounter. Patients are legally allowed to record a patient-physician interaction without consent of their physician, because the...Continue Reading

References

Mar 16, 2007·CJEM·Collin ClarkeChristopher Culligan
Mar 13, 2015·JAMA : the Journal of the American Medical Association·Michelle RodriguezAli Seifi
Apr 23, 2016·The European Respiratory Journal·Anne F EderJoel Moss
Jul 18, 2016·Patient Education and Counseling·J S Blumenthal-Barby
Nov 12, 2017·The Veterinary Record·Zoe Belshaw

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