“The 29-bed family members just recorded the whole process of your dressing change.” Cheng Wei (pseudonym), a biliary and pancreatic surgeon, heard this from a colleague.
Cheng Wei was tense, and after confirming that her operation was correct, followed by annoyance and helplessness: “I feel that I have done my due diligence in my work, but others may Never intended to trust me from the beginning.”
Cheng Wei tried to get the patient and family members to delete the video just now, but the family asked her, “If it’s not a guilty conscience, why do you rush to delete the video?” Cheng Wei finally gave in.
On the Lilac Garden Forum, there was a friend who posted a message asking for help: One morning outpatient service was recorded by two people and videotaped by three people, what should I do?
In a questionnaire survey of 2,700 medical staff in Lilac Garden, as high as 86.3% of the doctors had the experience of being filmed and recorded by patients. Will these unauthorized filming violate the legitimate rights and interests of doctors?
70.7% of doctors photographed declined
Source: Lilac Survey
Lawyer Zhang Yongquan from Grandall Lawyers (Tianjin) Firm said: “Generally speaking, the purpose of recording and recording patients is mainly to record information, so as to prevent them from misremembering or forgetting what the doctor said. If audio and video recordings are used as important evidence, it probably means that there is a disagreement between doctors and patients in diagnosis and treatment.”
To be used as evidence, audio and video recordings must first meet the three key attributes of evidence: authenticity, relevance, and legitimacy.
First, the location of the audio and video recording should be in the public clinic area, rather than intruding into the doctor’s private living space to record.
Secondly, the audio and video recording should objectively reflect the identities of both doctors and patients.
Finally, the content of the entire audio and video recording should revolve around the diagnosis and treatment process, without editing or splicing out of context.
“As long as it can reflect the facts fluently as a whole and meet the key attributes of the evidence, the audio and video recordings can be admissible as evidence in the court.” Lawyer Zhang said.
What should a doctor do when faced with a patient’s audio and video behavior?
Lawyer Zhang Yongquan recommends that doctors “walk the talk”, that is, try to minimize the difference between the content of written records and oral information, not to deliberately brief the content, and not to deliberately induce or mislead patients.
At the same time, Lawyer Zhang believes that the hospital should set up a professional talking room, equipped with surveillance cameras and recording equipment, and fully record the content of the notification and conversation on the premise of ensuring the patient’s knowledge. At present, hospitals in Beijing and other places have begun to devote energy to this.
With the gradual improvement of operations and equipment, audio and video recording should become a double-sided protection that is beneficial to both doctors and patients.
Planning: Cat, z_popeye
Producer: gyouza
Information source: Lilac investigation “In a morning outpatient clinic, I was filmed and recorded by 5 patients: Candid photography everywhere in the hospital”