Patients record and video, doctors are reluctant but helpless, how to deal with it?

Guide

Patients who don't know how to respect health care workers are not worthy of medical staff respect.

Source: Medical Pulse

Author: Running emergency room old Liu

This article is published by the author with the authorization of Medical Pulse, please do not reprint it without authorization.

During the May Day holiday, let's not talk about the case, let's talk about a light topic.

On the Internet, I saw a forum post for help: a morning clinic, was recorded by two people, recorded by three people, what to do?

Clinically, most doctors may have been exposed to the situation of being recorded and recorded by patients, most of them are secretly recorded for various purposes, and when there is a dispute or patient dissatisfaction, they will complain and record it in a dignified manner, and recently due to the popularity of live broadcasting, even some patients live broadcast their own medical treatment process.

When some patients or family members were asked why they recorded video footage while seeing the clinic, some replied that it was because the doctor said that the condition or precautions were not easy to write down for a short time, and to avoid forgetting or ignoring the recording. During the child's hospitalization, some family members recorded the doctor's rounds, nurse nursing, and the implementation of treatment, saying that they were recording the child's treatment process. When a dispute occurs, it is more common for the patient to record and videotape, and it is more common to call the competent medical staff to induce questions, and at the same time, it is more common to record and collect evidence.

What is the attitude of medical staff about audio and video recordings without the consent of medical staff?

According to the survey, more than 80% of doctors said that they had been photographed or recorded by the patient without permission, more than 70% of the doctors interviewed said they would refuse to take pictures or audio and video recordings, and only 7% of doctors said they would allow photos and recordings. Other doctors interviewed are obviously reluctant to be tough with the patient, choosing to ignore it or seek hospital or other ways to solve it. Some say that they directly refuse to continue to receive patients, some say that they shout security guards, and some can only endure the ineffectiveness of dissuasion.

Lao Liu was once complained by patients that his attitude was not good, as a very impatient, grumpy emergency department doctor, he encountered a patient who was not sick and looking for things to mess around, and the final outcome was to rise from patient explanation to thunder. The patient complained that he had recorded it to Lao Liu, and Lao Liu replied that the diagnosis and treatment was not wrong, and may have finally a louder voice, but there was nothing wrong with what he said, who loves who (sheishei)! Zazadi!

When they encountered rescue, the family members blocked them and took pictures with their mobile phones. Without saying a word, first comfort, close the door, close the curtain, isolate the family, and save trouble. At this time, I did not dare to directly refuse to take pictures and videos, for only one reason - fear of being beaten.

It turned out that when on duty in the inpatient department, internal medicine patients were still relatively polite on the surface, and occasionally encountered those who secretly turned over medical records at night to take pictures, and generally relented after strict rejection. Most of the time, after the patient is seriously ill, the family may record the disease when the family members explain the condition. If the family members introduce themselves very clearly at the beginning, clearly point out the patient's name, and ask very detailed questions, especially if there is a problem with the treatment, then they must be particularly careful, and it is estimated that they are recording and videotaping.

For patients to record, video, and take pictures, I am extremely disgusted. Hearing clearly, not understanding, I can repeat and repeat, important precautions can help patients write down memoranda.

However, it is not acceptable to leave images during the course of diagnosis and treatment without permission. Most of the time, it will be strictly rejected and asked for deletion. If you still record or videotap, you will not speak and will not continue to diagnose and treat (except during rescue).

Patients who don't know how to respect health care workers are not worthy of medical staff respect.

Is there a right to record and videotape during the course of the consultation?

For hospitals and medical staff, the patient's diagnosis and treatment process is a very private matter. Both medical education and hospital administration emphasize the need to protect the privacy of patients.

The second paragraph of Article 1034 of the Civil Code defines personal information, which is a variety of information recorded electronically or otherwise that can identify a specific natural person, including the natural person's name, date of birth, ID card number, biometric information, address, telephone number, e-mail address, health information, whereabouts information, etc.

Article 1226 of the Civil Code stipulates that medical institutions and their medical staff shall keep the privacy and personal information of patients confidential. Where patients' privacy and personal information is leaked, or their medical records are disclosed without the consent of patients, they shall bear tort liability. Healthcare workers who leak patients' privacy also bear corresponding legal responsibility for their own infringements.

Therefore, even if the hospital installs cameras in the outpatient hall, ward corridor, examination room door, etc. for safety and evidence, there is no audio and video recording equipment in the hospital bathroom and doctor's consultation room. In order to protect the personal privacy of patients.

Therefore, for the doctor, it is not possible to record and take pictures of the patient without permission. Even in rare cases, when you need to take pictures as teaching cases, you need to explain the reason and obtain the consent of the patient.

Conversely, doctors, as citizens, also have the right to privacy, and all other rights. The dignity and rights of doctors are equally inviolable.

Article 21 of the Law on Practicing Physicians: Physicians enjoy the following rights in their professional activities: (5) In their professional activities, their personal dignity and personal safety shall not be infringed upon; doctors are first and foremost human beings and enjoy all the rights enjoyed by human beings. The safety of patients is related to the doctor's practice activities, and the personal dignity and personal safety in the practice activities are even more inviolable.

Article 111 of the Civil Code stipulates that the personal information of natural persons shall be protected by law. Where any organization or individual needs to obtain others' personal information, it shall lawfully obtain and ensure information security, and must not illegally collect, use, process, or transmit others' personal information, and must not illegally buy, sell, provide, or disclose others' personal information.

Article 999 of the Civil Code: Where news reports, public opinion supervision, or other such conduct are carried out for the public interest, the name, title, likeness, personal information, etc. of a civil subject may be reasonably used; where the use unreasonably infringes upon the personality rights of a civil subject, civil liability shall be borne in accordance with law.

It can be seen from the above legal provisions that in order to protect the personal privacy, personal dignity and information security of doctors, there is a legal basis for refusing to take photos, audio recordings and videos of the patient. After all, doctors are not public figures, and the patient is not a public welfare news media. Individuals' portraits, images, movements, voices, etc. are all part of personal information, and photographing an individual without permission constitutes an illegal collection of personal information and is an illegal act.

What should doctors do when they encounter audio or video recordings?

Unauthorized audio or video recordings not only infringe on personal dignity, infringe on personal information, and damage medical order at the time, but may also become the basis for appraisal or judgment in medical disputes, and may also constitute illegal dissemination, insult, and defamation.

Doctors in the outpatient clinic can put a notice board at the entrance of the clinic or on the table, "Photography, audio recording, and video recording are not allowed." When encountering patients recording and video recordings, they may be more angry and disgusted, but they should remain calm. The tone should be calm (to avoid being complained about with a bad attitude), the tone should be serious (righteous words deter patients), patients and their families should be clearly informed that they cannot take pictures, audio and video recordings, and demand that the captured images be deleted. If the patient still insists, the diagnosis and treatment behavior should be stopped, and the notification should be given again, without explanation or answer, but only repeatedly.

It should be noted that in the process of informing, as long as there is language, there is no body language. Do not rob the mobile phone, avoid physical contact, easy to escalate the conflict, and then suspected of fighting. Most well-intentioned patients are actually able to cooperate, and patients who do not cooperate are more or less potentially at risk. Distrusted patients do not have to stay, have dangerous words or actions, leave as soon as possible and call security.

However, if you face a patient who needs to be rescued, you cannot delay it for any reason, and you can only do your best to refuse to record and video. When rescuing in the hospital, it is necessary to enter the rescue room with access control as much as possible.

In fact, most patients and family members are not malicious, and may not realize that they will infringe on the legitimate rights and interests of medical staff and other patients when taking photos and video recordings in the hospital, and they can cooperate under the obstruction. For the privacy protection in the hospital, it is recommended that there be clear provisions, just like the prohibition of smoking, posting notices, so that patients are aware that it is illegal to take photos, audio recordings and videos that are not allowed, invade the privacy of others, and disrupt the order of diagnosis and treatment.

Finally, mention the video of the doctor's visit. In some video software, doctors often post videos of patient visits, and although the patient's images and voices are processed, there are still legal risks. Although it is not clear whether the real patient agrees to the audio and video recording, or just the show, it is indeed very eye-catching, but it always feels as if it is different from the original doctor's low-key, calm way of dealing with the world. Is this approach really good for patient education?

Consultant Lawyer

Xiang Haiman, a lawyer at Beijing Quanzhi Law Firm (formerly Beijing Renchuang Law Firm), has long been engaged in medical legal research and practice, and has rich experience in medical law.

Editor-in-charge| Alyosha