Is It Legal to Record Your Visit with the Doctor?

Is It Legal to Record Your Visit with the Doctor?

Journal of the American Medical Association with an updated article from the BMJ

Overview

In the article titled, "Can Patients Make Recordings of Medical Encounters?" from the JAMA Network authors Elwyn, Barr, and Castaldo discuss some of the broader legalities of making a recording while visiting your doctor.

Making a recording that you can add to your personal health record can be a great way of maintaining documentation and accountability for your care, as well as assist you and your family in remembering instructions given to you by your care provider.

Understanding the legalities can help ensure this is a positive experience for both you and your doctor and will allow you to make recordings that are admissible in court if needed.

Quote from the JAMA Network article:

"For many clinicians, it is possible that some of their patients are recording their office visit, with or without permission. In a cross-sectional survey administered to the general public in the United Kingdom, 19 of 128 respondents (15%) indicated that they had secretly recorded a clinic visit, and 14 of 128 respondents (11%) were aware of someone covertly recording a clinic visit.1 Because every smartphone can record conversations, this may become even more commonplace. The motivation is often reasonable: patients want a recording to listen to again, improve their recall and understanding of medical information, and share the information with family members.2 A review identified 33 studies (including 18 randomized trials) of patient use of audio-recorded clinic-visit information. Audio recordings were highly valued; across the studies, 72% of patients listened to their recordings, 68% shared them with a caregiver, and individuals receiving recordings reported greater understanding and recall of medical information.3

In the few health care organizations in the United States that offer patients recordings of office visits, clinicians and patients report benefits. In addition, liability insurers maintain that the presence of a recording can protect clinicians. For example, at the Barrow Neurological Institute, in Phoenix, Arizona, where patients are routinely offered video recordings of their visits, clinicians who participate in these recordings receive a 10% reduction in the cost of their medical defense and $1 million extra liability coverage (P.J.B., unpublished data, 2017).

However, many clinicians and clinics have concerns about the ownership of recordings and the potential for these to be used as a basis for legal claims or complaints.4 Administrators and patients are unclear about the law and are concerned that recording clinical encounters might be illegal, especially if done covertly.

The law is inconsistent: recording is allowed in certain situations and is illegal in others. The goal of this Viewpoint is to help clinicians, administrators, and patients understand the law in relation to the recording of clinical encounters and guide reactions to this new phenomenon."

Click the link below to visit the original article on the JAMA Network...

Previous Article HIPAA Helper
Next Article How do you control where your DNA data resides and how it is shared online?
Print
32800 Rate this article:
4.7
0Upvote 0Downvote
Please login or register to post comments.

How to Protect Your Privacy as More Apps Harvest Your Data

A New York Times Personal Tech series article by Brian X. Chen

Retrieved By Health eConsultation 0 15344 Article rating: 5.0

In this article written by Brian X. Chen from the New York Times he discusses some of the potential ways in which mobile apps that you download to your phone may be collecting and using your personal data in ways you did not know.

One of the key takeaways is that there are ways in which to protect yourself and tools that can help you figure out which apps are collecting your data and how to remove their ability to do so.

Stay Private: How to Hide Your Webcam, Mute Your Mic, and Turn Off Notifications

An article from Zapier

Nathan E Botts 0 15305 Article rating: 5.0

One consideration as you gather and store more personal health information on your computer and devices is making sure that you are not inadvertently sharing this information (or some other aspect of your personal health) through your webcam or mic.

This article from Zapier outlines several different ways and some handy applications that can help you control this on your PC or MAC.

Determining the Value of Compromising Your Privacy

An article from Engadget

Nathan E Botts 0 10327 Article rating: No rating

This article from the Engadget web magazine discusses how your online searching behaviors might be monitored by different companies that you are unaware about. This data is likely used to build profiles that may impact the advertisements you see, credit ratings received, and other potential social network aspects as of yet identified. 

Cybersecurity: Crash Course Computer Science #31

Retrieved By Health eConsultation 0 15027 Article rating: No rating

Cybersecurity: Crash Course Computer Science #31Cybersecurity is a set of techniques to protect the secrecy, integrity, and availability of computer systems and data against threats. In today’s episode, we’re going to unpack these three goals and talk through some strategies we use like passwords, biometrics, and access privileges to keep our information as secure, but also as accessible as possible. From massive Denial of Service, or DDos attacks, to malware and brute force password cracking there are a lot of ways for hackers to gain access to your data, so we’ll also discuss some strategies like creating strong passwords, and using 2-factor authentication, to keep your information safe. Check out Computerphile’s wonderful video on how to choose a password! https://www.youtube.com/watch?v=3NjQ9b3pgIg Pre-order our limited edition Crash Course: Computer Science Floppy Disk Coasters here! https://store.dftba.com/products/computer-science-coasters Produced in collaboration with PBS Digital Studios: http://youtube.com/pbsdigitalstudios Want to know more about Carrie Anne? https://about.me/carrieannephilbin The Latest from PBS Digital Studios: https://www.youtube.com/playlist?list=PL1mtdjDVOoOqJzeaJAV15Tq0tZ1vKj7ZV Want to find Crash Course elsewhere on the internet? Facebook - https://www.facebook.com/YouTubeCrash... Twitter - http://www.twitter.com/TheCrashCourse Tumblr - http://thecrashcourse.tumblr.com Support Crash Course on Patreon: http://patreon.com/crashcourse CC Kids: http://www.youtube.com/crashcoursekids

RSS

What is Health eDefense?

Health eDefense is the act of protecting your personal health information. This not only protects your privacy, security, and safety, but also protects the data of your family, friends, and others in your community.

The Health eDefense platform is dedicated to providing consumers with actionable information on how to protect their personal health information effectively from cyber threats. Health eDefense provides informational content and education related to cyber security, privacy and consent, security, and related topics and policies such as HIPAA and GDPR.

Cyber security is impacting our daily lives, and our personal and protected health information is a target for hackers and criminals looking to make money off of our personal data. Your personal health data will always be about your health, demographics, social, lifestyle, financial history, and other related details. Once taken, they cannot be taken back.

We think the best cybersecurity tool is education and awareness, and we hope to provide users with tools and insight to protect themselves and their data better.