#LegallySpeaking: Can patients record doctor's visits?
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Traffic stops, office conversations, and even doctor's visits -- more and more people today are choosing to record life's encounters.

What exactly are the laws governing patient recordings?

As a general legal principle, secretly recording somebody’s activities amount to the intrusion of his privacy. Privacy has been recognised by the Supreme Court of India as a fundamental right under the enlarged interpretation of Article 21 of the Constitution of India.

According to Dartmouth Institute for Health Policy & Clinical Practice, USA (article published in the JAMA) - If you are doctor, there is a good chance that at least one of your last 10 patients recorded their visit -- either with or without permission.

There may be two situations—when both parties consent or only one party’s consent is there: In 'all-party' jurisdictions, covert recordings, on the part of doctors or patients, are illegal as everyone being recorded must consent. In 'one-party' jurisdictions, the consent of any one party in the conversation is sufficient, so a patient can record a clinical encounter without the doctor or health care provider's consent.

In a review of 33 studies of patient use of audio-recorded clinical visits, researchers found that 71% of patients listened to their recordings, while 68% shared them with a caregiver. The studies also reported greater understanding and satisfaction in patients who receive recordings.

Recordings may also risk the loss of context and can lead to misinterpretation, misunderstanding, privacy violations and litigation and doctors don't have a reliable way to respond or clarify.

The foremost recommendation is that physicians should strive to treat every interaction with a patient as if it were being recorded and carefully consider the complex ethical considerations at play.

Source: https://www.sciencedaily.com/releases/2017/07/170710135301.htm, https://www.mdlinx.com/news/recording-patient-doctor-encounters-poses-ethical-legal-challenges/nIZOlBuLdNDx4B0hdSPA3
Dr. T●●●●z H●●●●●●i and 2 other likes this4 shares
A M General Medicine
Patients should not be allowed to do this..! Even doctors have their privacy.. this should not be allowed
Nov 25, 2020Like
Dr. S●●●●m Pk
Dr. S●●●●m Pk Psychiatry
I have an experience when a physician himself left his mobile with recorder on ,on my table , without my permission, when I was consulting his cousin!
Nov 28, 2020Like