Taking photographs and recording consultations with patients can benefit their treatment and assist in medical training and research. The widespread use of electronic recording devices, such as mobiles and dictaphones, means that it is easier than ever for doctors to capture recordings of patients. However, this can and has posed issues for the healthcare profession regarding consent and confidentiality.
Photographing and recording of patients is common practice in medicine, but with convenience comes the need to be cautious
In response to doctors concerns and reported cases the Medical Protection Society (MPS) has issued guidance for doctors in Malaysia to clarify the rules around making and using audio and visual recordings.
Speaking about the widespread use of recording devices, Dr Teoh Ming Keng, MPS Head of Medical Services in Asia says: “As many people’s personal working lives involve electronic gadgets it is of no surprise that doctors are increasingly using technology to capture recordings of patients. Recordings can include anything from clinical photographs to telephone consultations and imaging records to video recordings.
“Photographing and recording of patients is common practice in medicine, but with convenience comes the need to be cautious. The Malaysian Medical Council (MMC) states the importance of confidentiality and consent when making recordings. It is important that consent is gained and the recordings are used only in the way the patient has agreed to. There are also issues to consider such as secure storage, patient privacy and including it on their medical record.
There are many issues to consider such as consent, disclosure of medical information and recording the communication
“MPS has also seen an increase in the use of text messaging, allowing practices to target and contact hundreds of patients within minutes. Although this may seem a quick and easy option it is important to remember that just because a patient’s mobile number is on record, does not mean they consent to be contacted by text message.
“Text messaging can offer greater convenience and flexibility for both patients and doctors, but it is important that doctors comply with relevant legislation and professional guidance. There are many issues to consider such as consent, disclosure of medical information and recording the communication.”
MPS has created several new factsheets to provide doctors with essential and practical advice on medicolegal issues relating to the use of technology – these are:
Other recent factsheets include: