The right to record medical consultations - UK and other countries

UK patients have the right to record NHS appointments (including covertly)

I just wanted to make people aware that it is well within their right to record NHS appointments (or any interactions with NHS staff). This right extends to interactions with NHS staff in the social care setting. I thought this tool might be particularly useful to ME patients in certain circumstances, given the unique challenges they face. Such recordings might provide valuable evidence that would be useful to keep in case it were ever neeeded at a later stage. Many ME patients may also find it helpful to have recordings of their appointments given their difficulties with brain fog and memory problems. Although covert recording is discouraged, there are no rules against it.

The following quotes are from the NHS protect document “Patients recording NHS staff in health and social care settings” (2016)

https://www.seap.org.uk/getfile/7260/

 

The position may, however, change once a recording is no longer used as a record of the consultation, for example where the recording is disclosed or publicised in a modified way which is not connected to the consultation. This could include an instance where it is designed to cause detriment to or harass another individual captured in the recording. Any such disclosure or publication, depending on the nature and context, may attract a civil action for damages and may also be a criminal offence.

This all seems highly ambiguous. It is not clear for what purposes an unmodified recording might be used.

 

Cell phones are great for recording, free apps are great though test the settings.

 

Interesting. The Canadian Broadcasting Corporation TV program Marketplace, has used hidden cameras to expose a number of questionable practices on programs about topics such as vehicle repairs, dental work, and breast implants.

I don't know if CBC/Marketplace has ever
been sued for its hidden camera sleuthing. The CBC is funded by the federal government.

 

My family member (not a pwME) records her NHS appointments and has found it very useful. She also asks for test results and scans etc to be emailed to her. I'm not aware of her having had any problems (in fact it was because she had her own x-ray copies that she was able to push past misdiagnosis and go on to have surgery for hip displasia).

I suppose it could feed into the idea of hypochondria/fabricating illness/'functional disorder' that some doctors hold, but otherwise it's a good idea.

edit - from x-rays to x-ray copies

 

Just as police physical assaults on the public plummeted after police officers started wearing body cams, I would suspect the verbal assaults of physicians on patients would also plummet if they knew they were being recorded.

 

I usually ask for a copy of my results, they don't do e-mail here often but it saves headaches and an extra appt when i go to a specialist and they have my results there instead of a followup after they request and read them.

 

I haven't recorded an NHS appointment but I do take my husband with me to appointments. It is astonishing how much more polite doctors and other medical staff are to me when there is a witness, particularly when that witness is male.

 

Merged thread

I can't see an existing thread so am starting one to discuss a patient's right to record their medical consultations with GPs, Consultants and other health professionals. I thought many members may not be aware of their legal rights around this issue and that doing so may help them ensure the quality of future consultations and accuracy of medical records.

Also, members can discuss their personal experiences of this in the thread if they wish, but (unless the mod team move it) be aware that I have placed it in the public area of the forum.

In the UK (and probably Europe as we share the same data protection principles) it is legally allowable for patients to record their personal consultations.

See for example:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6297609/

https://www.sor.org/sites/default/f...9.1.13_re-draft_recording_of_images_final.pdf

I'll add other useful links as and when I'm able.

 

Nice short (2 page) article that can be printed and handed to your GP if they seem uncomfortable about your request to record the consultantion or if they try to refuse it (UK based, but possibly applicable in other countries):

https://www.bmj.com/content/bmj/364/bmj.l1101.full.pdf

Edit: Or possibly emailed to them ahead of an appointment along with a message that you wish to record your consultations (with personal reasons if appropriate).

 

Here in Australia the right to record medical interviews varies state by state, its important to check your own state's law.

 

In the US it also varies state-by-state; some states require one-person consent (usually the person doing the recording) or two-person consent.
https://www.justia.com/50-state-surveys/recording-phone-calls-and-conversations/

 

What are the laws in Australia. I know it is not legal to record private conversations in South Australia without the permission of both parties. Kind of nonsense that it's called a wiretap law when no actual phones are involved though...

 

I looked into this years ago. In some states it was even legal to record a medical interview and not tell them you are doing it. You would have to check your current state laws. They might even have changed since I last looked so there is no point in me telling you what little I recall at this point.

 

A quick google gives me this. It looks like it is from a company that provides medical indemnity insurance. I have no idea if it is accurate. (https://www.mdanational.com.au/advice-and-support/library/blogs/2017/07/recording-consultations)

 

USA residents:
Opinion: It's Your Right To See Your Medical Records. It Shouldn't Be This Hard To Do
https://www.npr.org/sections/health...medical-records-it-shouldn-t-be-this-hard-to-

See the rest of the article here:
https://www.npr.org/sections/health...medical-records-it-shouldn-t-be-this-hard-to-