How recording your doctor can be helpful, harmful, or illegal

Many people are aware of privacy laws about recording patient information, but what about making recordings of doctors and other healthcare providers? In this video, I describe wiretap laws and explain the pros and cons of recording in a healthcare setting.
Read the Anesthesia Patient Safety Foundation newsletter that inspired this video: www.apsf.org/wp-content/uploa...
Music:
Subtle Swagger by Ron Gelinas: / atmospheric-music-portal
The information in this video is not intended nor implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images, and information, contained in this video is for general information purposes only and does not replace a consultation with your own doctor/health professional.
#Anesthesiology #Residency #MedicalSchool

[@linnsoltwedel]

In Norway you can record a conversation as long as you are a part of it.

[@darriontunstall3708]

Great info! I learned a lot, I really enjoy donating to the anesthesiologist Foundation, since it was hard for me to go to college because of my cerebral palsy, I really wanted to be a anesthesiologist, it takes a special person to be a anesthesiologist and you’re one of them! I would be a good anesthesiologist like you!

[@tylervalentine6401]

It always it exciting when Dr. Feinstein posts a video because they always have an interesting topic that I never even thought about before plus he does a great job explaining everything.

[@dklein2008]

I was always taught that the best thing to do is to document every patient encounter like they're going to sue you, because you don't get sued the next day, it may be years before you're in a deposition, or you may not have done anything wrong, but someone else has, amd you now have to prove it wasn't your fault

[@blusafe1]

This video is about recording. Documentation is best done in written format: chart notes and signed consent forms. There's far less miscommunication that way.

[@ktcadbury9395]

Working in pediatrics I run into this quite often with new parents. They want to film every new experience. I work in a 2 person consent state and most parents have no idea that they should be asking the medical team for permission!

[@Skatejock21]

unfortunately many dont have common sense. Which is what that should be. Some will film thinking they have evidence if its something they dont like

[@bettysmith4527]

I feel like it's kind of rude to film someone without their consent, including in a healthcare setting. I work in healthcare and have politely asked people to stop recording me doing a procedure or other treatment, as our hospital policy is no recording and I live in a two person state!

[@scrumptious9673]

Thanks Dr Feinstein, appreciate your advice

[@davedodge5314]

I would love to hear about more legal issues in anesthesia.

[@dirtthecactus]

I'm considering going into medicine, thank you for your videos! They inspire me :)

[@deborahdebcourtharcourt3159]

Where would you hide a phone during a colonoscopy?

[@nicholashe1198]

Mike Rafi deals with personal injury a lot I think, including tons of malpractice.

[@benbookworm]

But not defending against malpractice claims!

[@sncy5303]

I believe that medical procedures should be videotaped as a matter of cause, both to protect the physician from frivelous malpractice lawsuits and the patient from malpractice. Those recordings obviously should be kept private and only released to a court of law if subpoenaed in such a malpractice lawsuit.

[@HighMansx]

How about Lionel Hutz? No, money down!

[@killeenamichelle5887]

Hi ! I just wanted to say Hello from St. Louis.

[@kevindavis8175]

You should’ve invited the lawyer that was in your video about the Good Samaritan law to this video.

[@sherrydawson6253]

This was very interesting. So during covid how was it aloud to Skype or do the zoom calls where the pts were unconscious and unable to give consent for families and friends to see them dying via phs and tablets? Was no laws broken then? I always love your videos! You're so awesome. 😊😊❤❤

[@benbookworm]

When a patient is unable to make their own medical decisions (for any of a number of different reasons), that's when POA / next-of-kin get to make those decisions.

[@christinah.8504]

can you consider doing a video regarding anesthesia , opiods and sleep apnea?

[@rosiepone]

we have a no recording policy at our hospital, and since we primarily do clinics, with a very small inpatient service, you can lose your privilege for clinic and walk-in services, and the only service you would be able to get here from that point would be the ER

[@debweber5353]

I have to ask why this policy is in place? If a patient is recording a conversation with a doctor so they can go back over something At a later point why is it an issue?

[@asdfjklasdfjkl408]

I will be a physician. I ALWAYS treat patients with respect and how I'd care for a family member. BUT, I do NOT want to be recorded at work. How would a restaurant worker, banker, etc. feel if I were to put my phone in their face while they were doing their job? Our jobs are stressful enough, please keep the damn phones out of our faces and clinics and ORs.

[@RitaMBuda-tz6bi]

You certainly do object to being recorded. How would like to be a female patient who gets violated or photographed when she is unconscious? I understand these atrocities happen quite often.

[@doctorblue4942]

Sounds like the easiest solution to this kind of thing, like so many things, is communication. Just ask! I have a feeling most healthcare providers would be okay if you're up front about it. Or if not a 90 second conversation can happen and then that's that.

[@michaelahaney]

Lawyer James Egan is a medical malpractice lawyer in the state of Utah.

[@absentmindedjwc]

Are you no longer with Mount Sinai?

[@Nunofurdambiznez]

They fired him. He had to move to a different hospital where they don't check backgrounds.

[@sarahfaith316]

What do the “mixed” states mean?

[@trumpetmom8924]

It means that different areas have different rules; each county, city, township, etc. may/might have different laws.

[@Nunofurdambiznez]

It means that's where mixed marriages are allowed.

[@dc9926]

I have read/heard about a bunch of different patients in a bunch of different areas recording what happens when they are under anesthesia. Apparently rudeness is common and I know of at least 2 people who sued and won. Is it so surprising that patients don’t trust their doctors when they are sedated?

[@OldGreyTrunk2]

max guy, you should so if you want, to make a video of how you would take care of a brain dead organ doner anesthesia wise before, during and after the organ harvesting surgury. hopfully it is full general anethesia, sedation, pain relife, amnesia, paralisis, just like any other living person undergoing major surgury, like the rescipients.

[@fluffykitten992]

Didn’t think you were even allowed cell phones in the operating room

[@absentmindedjwc]

In all your medical videos, you say that none of it is medical advice... but in this video, you didn't say that any of this isn't legal advice. Are you my lawyer now? 😝

[@kbh95207]

See LegalEagle or LockPickingLawyer for “not law advice “ 😂

[@prapanthebachelorette6803]

@@kbh95207 😂😂😂

[@eagle-from-aut]

Hey max, there seem to be random scam bots in your comment section. Might be something you wanna have a look at.

[@sarahfaith316]

They’re all over KZbin and it’s impossible for big channels to catch all of them. You just have to be smart and not fall for internet scams.

[@eagle-from-aut]

@@sarahfaith316 its not that they pose any danger to someone with a bit of media literacy, its that 1) there are people who are not very media literate, and they are worth protecting too 2) the profile pictures are pretty obscene, and kinda unpleasant to look at. I get that larger youtube channels do not have the resources to remove them, but (no offense max) max feinstein isnt that big, and last i checked there were only one or two of them. Have a lovely day

[@sarahfaith316]

@@eagle-from-autI agree that they need to be removed, I just meant he may not have noticed them or be able to catch them quickly. I’m a mod for a 750K sub channel and we try really hard to get rid of them when they pop up but it’s nearly impossible to catch them all.

[@eagle-from-aut]

@@sarahfaith316 Oh yea, i totally get that. i didnt mean to be an ass about it at all. Thanks for keeping youtube a cleaner place

[@sarahfaith316]

@@eagle-from-autme neither. Have a great weekend!

[@Boodieman72]

I doubt most courts would think recording your own doctor as a patient would be an issue.

[@fluffykitten992]

True as it would be helpful to record in case you forgot important information that you doctor went over with you

[@jakesolar-bassett6619]

How do you feel about using cannabis as an anaesthetic?

[@andreasviken2949]

One-party consent is WILD. Complete anarchy and a violation of privacy.

[@blusafe1]

One-party consent does not mean "record in secret" or invasion of privacy. It means "I'm recording this conversation, you can choose to keep talking or not, it doesn't matter." In the operating room, there is no expectation of privacy so that doctor should've kept her mouth shut.

[@supercalafra]

I strongly disagree. In the U.S. where there are strong protections for information gathering and freedom of expression, recording a conversation is a natural progression of that. I find many two-party consent laws to be blatantly unconstitutional, as there is no expectation of privacy in public forums, which states like MA specifically attribute prison time for recording in without consent. These laws only serve to protect those who historically have had to hide from journalists; they are not narrowly tailored enough to serve any real purpose other than making people feel they can act with impunity.

[@Louisiananews]

Wire tap laws are outdated. It's now 1st amendment..but,in the hospital setting , it's hipa

[@CHRIS-tg5cn]

Why are you wearing a mask while setting up equipment? There’s no open sterile items. Seems like your gaslighting especially since you take it off the second you start recording.

[@debrabarnhardt1103]

What all this ignores...if healthcare wasn't a for profit business the regulatory climate would be completely different-for patients and doctors. Doctors whine constantly about malpractice, but do they support universal healthcare which would almost certainly do away with such lawsuits? No, no they don't. This a dice game and they buy the expensive malpractice insurance because in the long run they make more than they lose. By the way most people never press a malpractice suit because the bar is set so high you basically have to intend to injure or kill for the patient to prevail in court. Most doctors who are sanctioned return to work as fully licensed doctors. Google the phrase "healthcare on verge of collapse" and see how many results there are. This is just a blip on the radar screen.

[@blusafe1]

The vast majority of doctors support universal healthcare.

[@JimAllen-Persona]

Sorry, but operations are being recorded now anyway. You sign away those rights when you consent to surgery in the event of a malpractice suit. Why should it be one sided? Doctors consent is CYA. We know doctors will cover each other in cases of malpractice just like cops will. If you endorse that behavior of these health care prescribers professional, I think I need to reconsider my high opinion of you. IMHO, it’s unprofessional but not worth suing over.

[@stephenludlum9746]

A lot of doctors will not cover up another doctor's mistakes. Just like a lot of police officers do report other officers' conduct. The public doesn't hear about those cases because they are not as newsworthy. He is not endorsing anything, just providing the information.

[@RitaMBuda-tz6bi]

I desperately want to see the video of my recent surgery to see exactly who was in the OR and if anything unethical took place or if I was violated in any way. This has been really bugging me lately.

[@m.rosekaup7461]

Recording any medical professional without their consent is a crime in my state. Do your research before making baseless claims online

[@supercalafra]

@@m.rosekaup7461 Indeed the laws are complex, and some have been upheld by circuit courts on appeal. It should be noted, however, that the effort required to prosecute offenses is so great that it's essentially a last resort option in super high profile situations. No DA in their right mind is going to ask a judge for, as the state of MA technically allots, 5 years in prison, for recording someone in public without asking. I also doubt the constitutionality of some clauses of the statute, as it states that recording serves as prima facie evidence of a violation, which the USSC ruled was in direct conflict with the Due Process clause and the First Amendment in Virginia v Black. We don't acknowledge "prima facie evidence" because we believe defendants are innocent until proven guilty, so frankly it's just really lazy writing on the legislature's part.

[@JimAllen-Persona]

@@m.rosekaup7461In your state. In mine, it’s fine. First of all.. I’m not the kind of person to be recording my doctor. But the hospitals make sure you don’t by taking away your cell phone before you go in for a procedure. The only thing I’m saying is that if the hospital records the procedure and they bury the consent in the 5 page agreement in theory what is wrong with you doing the same? I trust my doctors… and when I woke up half way through a colonoscopy and heard them talking about doing their back yards for the fall, I wasn’t feeling any pain … I didn’t care. I trust my gastrointestinal doctor.

[@felixcat4346]

No legal advice please, stick to your profession.

[@Rosalies_]

His profession is entangled with these laws. This is not advice beyond “check your state’s laws.”

[@JimAllen-Persona]

I concur.

[@MaxFeinsteinMD]

This is directly related to my work.

[@supercalafra]

@@MaxFeinsteinMD You did a very good job researching the issues presented, especially considering your line of work is not legal in nature. The OP should research the "appeal to authority" fallacy: lawyers do not have a monopoly on legal information.

[@debweber5353]

​@MaxFeinsteinMD you could have brought in health care providers on opposing sides of the issue and discussed Why and why not. Keep in mind that even under anesthesia, the body keeps score and the sense of something not right prevails. I asked for an all female staff for my hysterectomy due to childhood abuse but allowed a male anesthesiologist, he gave me versed but apparently not enough because I have flashes of going into the OR and who was there and I was lied to. Why?

[@mhenderson9311]

Medical, but not anaesthesia. Sad and shocking situation during covid. Might explain some of the mistrust. en.m.wikipedia.org/wiki/Death_of_Joyce_Echaquan