Medico-Legal Implications of Video Recording Patient-Provider Communication

Abstract

Abstract INTRODUCTION Recording patient-physician communication improves recall of medical information by patients, strengthens trust between the patient and physician, and results in higher satisfaction rates among patients and their family members. Despite being an efficient and cost-effective tool for better healthcare provision, its use has been limited due to the presumed concerns regarding unfavorable medico-legal consequences. METHODS We started video recording clinical visits in 2009. The password protected video is uploaded on the internet and can only be accessed by the patient and relevant healthcare personnel. Patients can easily re-watch the video and can share it with their family. RESULTS In past 10 yr, around 40 000 clinical encounters have been recorded. There has not been any malpractice claims (settled/paid) against the physicians in the meanwhile. The video recordings can serve as the evidence in the court room where jury and judge are biased towards the patients’ account as opposed to physicians’ because of presumed better recalling of patient about their unique clinic visit as compared to physician who sees multiple patients during the day. In 38 (76%) states it is legal to record the conversation as long as at least one party consents, hence if a patient records the entire visit without informing the physician, they are not liable legally. With recent technology it is not possible to limit the surreptitious recording of the clinic visit by patient hence the solution lies with the physician. The provision of this facility by health care personnel makes the entire process more organized so patients and physicians both find it beneficial without the violation of privacy and confidentiality. CONCLUSION We report that the video recording of patient-physician encounter does not increase the risk of malpractice lawsuits, as it was feared earlier. In the contrary, it helps with the development of trustworthy relationship between the patient and the doctor.