General

Illegal Recording

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14 Aug 2016 - General
 

photo from ipvm.com

Technological leaps have been really making our lives easier. Want to catch a movie? Reserve a ticket online. Don't know the route? Use navigation apps. Struggling to troubleshoot your laptop? Watch tutorials in the internet. However, technology can also lead to irresponsible use. Recently, a doctor in the Philippines was made infamous after a video footage of her outrage after being involved in a car accident was uploaded in social media. This is like opening a can of worms because healthcare personnel are very easy preys for malicious tape recording.

A few months ago, I was doing a neurologic examination to an inpatient referral. Suddenly, the patient's grand daughter whipped out her phone and started to document the process without my consent. I stopped doing the physical examination and politely asked her to stop documenting the physical examination due to the following reasons: a.) It is against the law to record a conversation or any process without obtaining consent from the other party b.) It breaches patient-doctor confidentiality if the video becomes uploaded c.) It is unfair to the patient because he/she is getting unnecessary exposure. Physical examination per se is very uncomfortable because it necessitates physical contact (in the form of touch) with the doctor. I did not want her grandparent to be further subjected to stress. Irresponsible social media uploading of clinical procedures should be stopped because the hospital is bound by confidentiality. It must be set in stone that we are professionals who require privacy with our work and not stars of a hopsital-based series.

Lucky for us in the Philippines because we are protected by anti-wiretapping law. Any recording without our consent becomes dismissible in case of malpractice complaint. Do you have similar experiences in the hospital? For community members in other countries, are you protected from malicious taping?

Personal experience, I do not know of such a law. But there are cases where they install hidden cameras in homes and wards to see if the healthcare personnel are doing a good job. This being said is done by the relatives though. And they have caught many abusing the patients and all. This is when the law comes in to take action against the health care giver. Anyway, i was asked a few years back by a relative if he could take a video or a photo of how a dressing is being done. I Gave him my conse...
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Aside from recordings, doctor-shaming has been a trend lately. People posting photos of doctors either sleeping and giving long rants about, well, sleeping on the job. Or another one I saw was where the patient’s significant other taking a photo of a resident (I think) using his phone on the ER while the there was patient in front of him. (It was later explained that he was reporting to his consultants). It is good to see the general public and health care professionals as well come to the aid o...
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I think a lot of people are much into the documentation and collecting memories, they forget rules. When my dad was in and out of the hospital, my mom was heavily documenting everything. When she was out of the hospital, I would take photos for her, then send it for her to add to her album. Sometimes she would be asked to "stop taking photos/videos" and she would. She knew not to take photos of the doctors/nurses. We would joke her about it, her obsessive documentaton, but when my Papa...
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Marinelle Castro Yes. Lawmakers need to focus on measures to prevent cyberbullying and harassment. We must be guided accordingly on how to use social media responsibly. By the way, the doctor was still teaching when I was a medical clerk and I had a few funny moments with her :)) It is really perplexing as to why relatives try to film us. Maybe today's generation are not used to listening anymore because of Y...
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I agree that this practice is illegitimate and should not be allowed. However, laws on social media sharing of videos that is meant to harass others/ cyberbullying remains to be defined. That's why doctors have to be very vigilant during consultation, patient rounds, doing bedside procedures or doing anything in public, wherein one is identified as a doctor. By the way Mark Edmon Tan , the doctor that you men...
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Yes, Mark Edmon Tan this is indeed an illegal recording without consent. The reason of recording doctors’ instruction is not valid at all. As doctors will usually inform patients clearly with regard to their diagnosis, treatment pan, any further investigations required, and follow up plan. And they can ask further questions to clarify some doubts during the medical consultation. In addition, we will always dicta...
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You Yi Hong Thank you for sharing your knowledge of reported illegal recordings. Recording doctor's instructions because a patient might miss out on an advice is not a valid reason. The instructions on how to take medications are also written in the prescription form. This protects a patient from taking a lower or higher dose than required. Moreover, a doctor always asks a patient if he has any question or wa...
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Any form of either video or audio recording between the doctor-patient interactions, which includes history taking, physical examination, performing of investigations tests, and treatment procedures without thorough consent is not legitimate. This can cause a serious breach of confidentiality. Uploading of any forms of identifiable clinical information to social media should strictly not be allowed. I heard there were a few cases of patients were trying to audio record the consultations process...
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Kathleen Peralta Yes, but I had to explain thoroughly that it was very unfair to her grandparent because it is overstepping her right to privacy. Fortunately, the good kid acknowledged and stopped taping after our conversation. She even showed me that she deleted the footage. In this time of technology, we have to look for ourselves because some might record our clinical procedures in secret. This is not an issue...
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This is something I am not aware of yet and have to find out being in another country. What I do know though is, as part of a healthcare team, we break confidentiality the moment we post pictures of a patient in social media, even they are just in the background. We do record things (take photos or videos), especially if it's a planned group activity but with patient's consent on admission and aware that it is for the purpose of documentation alone (This applies to patients in a care hom...
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