A research study published on February 5, 2024 concluded: “Video recording of patient-physician encounters was not associated with an increase in malpractice lawsuits. According to federal law, a patient can legally record a clinic encounter without physician consent, which has many ethical implications. Formalizing the recording process is beneficial for both parties and allows the resource to be used to its maximum potential.”
The study, entitled “Medico-Legal Implications of Video Recordings of Clinic Visits in Malpractice Claims Against Medical Providers,” looked at 98,474 patients from 2015 to 2017 of which a total of 15,254 (15%) patients used video recordings of clinic visits (V-RoCs). The researchers found that video recordings for clinic visits increased at a rate of 23% per year but there was no association between video recordings and increased medical malpractice claims: of seven paid claims or lawsuits from 2000 to 2017, none were against physicians who used video recordings.
A survey of 130 participants in the United Kingdom reported that 69% of them desired to record a clinic visit, with or without the physician’s permission. The survey found that 15% admitted to secretly recording their clinic visits. The often-cited reason for surreptitious recording the visit was the fear of physician refusal.
In the United States, it is legal in 38 states to record a conversation as long as one participant consents to the recording. However, a patent who records their physician without consent may face the physician feeling betrayed and the physician terminating the patient-physician relationship, along with the risk of breaching patient confidentiality.
The researchers suggest that formalizing recording by health care providers can make the process more organized and minimize the risk of breaching patient privacy.
“For patients with complex diseases, high morbidity, or the inability to retain all the information imparted by health care providers, participation in decision-making regarding their treatment can be hindered. The merits of providing patients with their visit summary in the form of a document, audiotape, or video recording have been studied widely among oncology patients. The efficacy of this intervention was established by several studies, including randomized controlled trials, with the conclusion that providing patients with a visit summary in the form of a document, audiotape, or video recording improves patient understanding and recall, consequently helping patients with decision-making … Despite the proven efficacy of this intervention, concerns regarding the presumed unfavorable medico-legal consequences of V-RoC have made physicians hesitant to use it.”
“Formalized audio-video recordings of patient clinic visits can change how health care information is provided to patients, increase their understanding, and improve their recall of information.”
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