Doctors live-streaming gynecological surgeries? Investigate! Expert: This red line is insurmountable

In the "live broadcast era", many doctors will also broadcast the operation through the network, but whether the live broadcast is used for academic exchanges or patient education, there is a red line that cannot be crossed: it cannot invade the privacy of patients.

At 22:00 on January 18, the Donggang Branch of the Public Security Bureau of Rizhao City, Shandong Province, issued a police notice saying: At about 16:00, after receiving reports from the masses, a doctor was suspected of broadcasting gynecological surgery clips on the Internet, and the police immediately investigated the relevant personnel of the hospital involved, and arrested the doctor Involved Li At about 18:00.

The case has been filed and the case is under further investigation.

The director of the department where the doctor involved was involved refused to respond

Previously, some netizens reported that someone on the video website "Bilibili" had broadcast gynecological surgery live, and as the number of viewers increased, more and more people reported it, and the live broadcast room was immediately banned by the platform.

According to the Red Star News report, the netizen said that he accidentally entered a live broadcast room at station B on the afternoon of January 15, and learned from the dialogue content of the live broadcast room that it was a live broadcast by a male anesthesiologist when a female patient was undergoing gynecological surgery; the netizen also said that during the live broadcast, the female patient had asked a female doctor present whether the male personnel at the scene were the doctors who operated on it, and the female doctor said that the person was an anesthesiologist; during the period, the male anesthesiologist's colleagues did not prevent the live broadcast behavior.

Subsequently, Station B responded that the relevant live broadcast room was repeatedly warned and cut off during the live broadcast, and then was permanently banned, and has been reported to the police to cooperate with evidence collection.

In fact, many surgeries, especially more difficult surgeries, will be photographed and videotaped during the operation, mostly for medical teaching or require remote guidance from experts; and the privacy part of the patient needs to be strictly confidential; in the operating room, if there is a person who photographs the patient for non-medical purposes, his behavior should be stopped immediately.

Mainland China's Code of Conduct for Practitioners in Medical Institutions clearly states in the "Code of Practice" section: "Respect patients and care for life." Abide by medical ethics, respect patients' informed consent and privacy rights, and keep medical secrets and health privacy for patients."

Emergency department doctor and medical big V "The last dopamine" posted: Live broadcasting patient gynecological surgery is definitely not just an act of unintentionally exposing patient privacy, but a crime.

The article said that many doctors have some patient information in their mobile phones and computers, including pictures of suspected private parts. But these are generally used for their own preservation, as materials for learning, teaching, and scientific research, and will only be used by doctors themselves or very few professionals. Even so, once leaked to the public, it is still against professional ethics and is still suspected of committing a crime.

The article also said that the "last dopamine" hates two kinds of peers the most, one is to expose the privacy of patients, and the other is to appear to be playing mosaic live broadcast of their own medical treatment process. Live broadcasting in the process of work should be absolutely prohibited, because this will inevitably interfere with the medical process, and the privacy and interests of patients will inevitably be damaged. The doctor who broadcasts live in the course of work is no longer the real, pure doctor.

It is reported that the live broadcaster Li Mou is an anesthesiologist at Rizhao Central Hospital. In this regard, the health community contacted Xu Jiping, the director of the department of the doctor involved, who said that it was inconvenient to respond and provided a landline number from the hospital's administrative department, but the number could not be reached.

Previously, the media contacted rizhao central hospital, a person in charge said that after the incident, the police have intervened for the first time, the hospital is also waiting for the results of the police investigation, after the police announced the results of the investigation, the hospital will be the first time to the media.

As of press time, Rizhao Central Hospital has not responded to this.

Lawyer: Doctors are responsible for infringing on patient privacy, whether or not they cause serious consequences

Doctors will involve patient privacy information in the process of receiving treatment, so protecting patient privacy is the basic professional ethics of medical staff and the basis for building mutual trust between doctors and patients.

Nowadays, more and more doctors are using live surgery to enhance their academic influence and hospital visibility, and can also allow other doctors to gain a wider learning perspective.

Some foreign countries and regions have strict regulatory requirements for live surgery, such as the European Urological Association (EAU) issued a specification on live operation in 2014:

Patient selection must meet medical education goals; patient permission must be obtained in advance to perform live surgery, including the timing of surgery; patient treatment cannot be delayed by agreeing to live surgery; surgeons must submit a detailed list of preferences in advance, including instruments, disposables and equipment, the position of patients, surgeons, and nurse assistants; and anesthesiologists must be involved in planning the surgical process.

The European Urology Association also stipulates that live-streamed surgical data must be submitted to a web registry and complications reported using the revised Martin standard. The association will regularly audit the results to assess the compliance and educational role of the livestream of the procedure.

There are also countries that have adopted tougher controls, such as the American College of Surgeons and the American College of Obstetricians and Gynecologists that have banned live surgery.

Lawyer Daniel Zhang, founder of the medical legal team of Medical Law Hui, believes that there are many medical staff who "have a professional left hand and a self-media hand", and in the process of sending short videos such as circle of friends, vibrato, Kuaishou and even online live broadcasts, they ignore the protection of patient privacy and personal information, and there are great legal risks.

Without the explicit consent of the patient, any act of leaking the specific circumstances of the patient's diagnosis and treatment, the diagnosis and treatment information and the patient's personal family information is an illegal act, and the light will be punished by administrative (public security), the heavy will constitute a crime, and of course, it will also bear civil tort liability, and this civil tortious act is not premised on whether it causes harm to the patient, as long as this act is committed, it should bear tort liability.

It is not difficult to find from the current medical-related videos released by various network platforms that there are many registered accounts of doctors and nurses on the short video platform, and many of them are filmed during working hours from the screen, and once the picture involves the patient's information or medical record material information, it is easy to have infringement disputes.

Daniel Zhang lawyer said that not only medical staff are responsible for this situation, because the video is filmed in the workplace, and the medical institution where they are located is also involved.

Doctors are vigilant and may face a ban penalty of 5 to a lifetime

It is unclear how the doctors involved will be held accountable. Wang Yue, a professor at the Department of Medical Ethics and Law at Peking University's School of Medical Ethics and Humanities, told the health community that doctors who receive patients and publish videos of diagnosis and treatment or surgery on the Internet without the patient's permission constitute an infringement of patient privacy.

"The live broadcast of the diagnosis and treatment process is not worth advocating, because the live broadcast is easy to make the doctor's treatment and examination a show, so that the doctor has a sense of performance, this kind of 'performance' will affect and interfere with the standardization and prudence of the doctor's operation, affect the doctor's rational judgment and choice, so whether it is a live outpatient clinic or surgery, it has violated the principle of patient supremacy of ethics and law." Wang Yue said that although the mainland has not yet issued legal rules for live broadcasting of medical treatment, which needs to be improved in future legislation, one of the basic principles of the medical law is to live up to the trust of patients and take the interests of patients as a choice, so the live broadcast method in the diagnosis and treatment process is contrary to ethical and legal principles.

So, is it permissible to record surgical videos for academic exchanges other than live streaming?

Deng Liqiang, executive director of the China Health Law Society and deputy director of Beijing Huawei Law Firm, analyzed the health community that retaining academic video materials is the right of doctors granted by law, and it is also a due duty, the data is limited to academic exchanges, can not be used outside of academic exchanges, and must not let others see the appearance of patients, and live surgery can only be applied for legitimate purposes such as medical research and education.

Deng Liqiang said that if it is used for improper purposes, such as surgeons who choose high-mortality and inappropriate surgeries for live broadcasting on the basis of self-development, sensationalism or the pursuit of higher economic interests, infringing on the material and spiritual personality interests of patients, it is prohibited by the law.

Wang Yue particularly stressed that according to the new Physician Law, which will be implemented from March 1, if there is a serious violation of professional ethics and causes greater social harm, doctors will be given a 5 to 5-lifetime ban on business, which is more severe than the previous civil or administrative liability.

This means that Chinese doctors, like lawyers and teachers, have established a lifelong ban on business. Therefore, doctors should always pay attention to the occurrence of ethical medical damage in the process of practice.

Sources | the health community

Written by | Li Zijun

#Health Star Program ##警方通报医生直播妇科手术 #