OB group advises caution in dealing with tapes
Retain original copy of videotape, ACOG says
Videotapes tend to make malpractice insurers and risk managers at least a bit uneasy, but so far, there is not a lot of definitive guidance from professional organizations. One physicians' group, however, is going on record as opposed to the practice.
Perhaps the most concrete words of advice from a professional organization come from the American College of Obstetricians and Gyn e cologists (ACOG) in Washington, DC. The group recently addressed the issue for its members and prepared a position statement that was scheduled for release in Septem ber. Healthcare Risk Management obtained an advance copy. Drawn up by the ACOG Committee on Professional Liability, the statement reiterates many of the fears expressed by risk managers and defense attorneys, and it says clearly that the committee "strongly discourages any recording of medical and surgical procedures for patient memorabilia."
The committee also issued two recommendations. First, ACOG says the institution should obtain the written consent of the patient and the health care personnel before allowing the videotaping of any medical procedure. Second, the institution should require that it retain the original copy of the videotape and provide a copy to the patient, if desired.
After an opening paragraph establishing that videotapes have become cause for concern, this is the ACOG statement:
"Written consent from the patient or guardian and the involved health care personnel should be obtained when using electronic recording media for telemedicine, educational purposes (such as laparoscopic videotapes), or any other reason. The written consent should indicate the specific purposes for which the images may be used.
"Each institution should develop policies concerning the recording of routine and emergency procedures by health care personnel as well as the recording of deliveries by third parties or family members. These policies should be discussed before the procedure or soon after the physician-patient relationship has been established.
"Recording solely for the purpose of patient memorabilia or marketing is not without liability, and each institution should weigh these competing concerns. The Committee on Profes sional Liability strongly discourages any recording of medical and surgical procedures for patient memorabilia. If an institution allows such recording, however, the written consent of the patient and health care personnel should be obtained in advance, and the institution's ability to retain the original and provide a copy to the patient should be clarified."
Insurers sometimes discourage videotaping
There is some indication that insurers are discouraging those they insure from allowing videotapes in the delivery suite, but even that advice tends to be subtle because insurers do not like to go on the record opposing such a popular practice.
Malpractice insurers also have been known to express skepticism about videotaping. Joan Bristow, a risk manager with the Doctor's Company in Napa, CA, recently told The Asso ci ated Press that her company discourages videotaping of deliveries because of liability concerns.
When contacted by HRM, she referred all questions to a company spokeswoman, who explained that the topic has become too controversial and the company has decided to make no more public statements about it.
The American Society for Healthcare Risk Management has no position statement or guidelines regarding the videotaping of surgical procedures or deliveries.
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