![]() ![]() Regardless, it is recommended that patients be clearly advised that digital recordings by handheld devices such as smartphones are prohibited on the premises in order to protect the privacy of other patients and staff in compliance with federal and state privacy laws. It is important to know the specific laws concerning recordings in the jurisdiction where you practice. Most states allow recordings with the consent of only one party, which means a patient may claim to have a right to make a recording regardless of whether the clinician agrees. Only about a dozen states nationwide, however, prohibit electronic recordings made without the explicit consent of all participants. Patients may be less likely to discuss sensitive health issues for fear an outside party might hear the recording.Ī patient recording a visit without the clinician’s permission can result in a loss of trust, which is the basis of a strong clinician-patient relationship. In addition, recording the visit may inhibit the flow of information between the clinician and patient. Patient recordings can also be easily streamed or posted online, raising issues of patient and staff privacy and HIPAA compliance. In addition, patient recordings-unlike the electronic health record-can be altered or manipulated to create an inaccurate portrayal of what actually occurred. Recording devices can be disruptive and potentially intimidating to the clinician and staff. Patients who have a more complete understanding of their condition and the treatment plan are more likely to be actively engaged in their care.ĭespite these potential benefits, it is typically not the best course to allow patients to record the appointment. Patient pamphlets and other educational materials handed out during office visits are often lost or forgotten, and patients forget or do not accurately remember a significant portion of information shared during healthcare visits. The issue of allowing patients to record their appointments requires balancing potential privacy and liability risks with the potential benefits of improved patient recollection of instructions and treatment adherence. The patient sued for malpractice and was awarded $500,000. While this case was extreme, it highlights the importance of addressing the issue in each practice and hospital. Prohibiting the use of these devices in the clinic or hospital setting is becoming increasingly more difficult.Ī high-profile case involved a patient who accidentally recorded his colonoscopy, capturing derogatory remarks from the anesthesiologist while he was under anesthesia. Have you ever heard that question from a patient or a patient’s family member? Or have you ever been worried a patient might record the visit without asking permission? Smartphones are ubiquitous, giving patients a video and audio recorder that is always at hand.
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