D epartment
of
M edicine
Con ne c ti ng T e c h n o lo g y , Ed uca t i o n a n d D i s cove ry w ith H um anis m in Me dicine
Vol. 8 Issue 4 Oct. 2019
Audio / Visual Recording with Clinical Encounters
as long as he is aware of the recording. Specifically, in the ICU he is in favor of families recording bedside conversations, citing that having a recording may help families who may second-guess decisions they made months or years later. “For patients who survive critical illness, a record of what they went through may help mitigate the feeling of ‘lost time’ they experience as part of post-intensive care syndrome”. Dr. Daniel Ely, Associate Professor and Internal Medicine Physician, also sees the advantages of recording encounters in the primary care setting. He personally has had patients ask to record his discussions regarding diagnostic results and end-of-life planning. “Patients legitimately don’t assimilate all that we tell them in an office visit,” states Dr. Ely. He also mentions that several patients record discussions for the benefit of family members who are unable to make it to the office visit. He feels that physicians should not prevent patients from understanding their healthcare, especially when it makes us uncomfortable. In summary, it is important for physicians to understand that they may be recorded without their knowledge during patient encounters. Because this could potentially have legal ramifications, medical practices may want to establish guidelines regarding patient recordings. Dr. Ely states: “It should be a goal of physicians to be comfortable with what we say in whatever setting. If you present objective, factual data, you should never be able to have things used against you. This will build trusting relationships between physicians and patients which can last for years.”
In 2015, a jury awarded a Virginia man $500,000 after he recorded an anesthesiologist and gastroenterologist making derogatory remarks about his health during a routine colonoscopy. Most states, including Virginia and Tennessee, are one-party consent states. This means that only one participant in a conversation must consent for a recording to be legal. Patients or their visitors can record interactions with their physician without disclosure, as long as they participate in the conversation. However, privacy laws make it impractical for most physicians to record patient encounters, as HIPAA requires that recordings be protected in the same way as other personal health information. At first glance, the one-party consent law seems to put the physician on the defensive. We asked a couple of physicians at UTMC to comment on their thoughts and clinical experiences. Dr. Paul Branca, Clinical Associate Professor and Director of the Medical Intensive Care Unit, has no problem with people recording him
Points of View
I would like to highlight his extraordinary qualities as an outstanding human being. On first meeting Dr. Obenour, one was immediately struck by his humility and kindness. He was soft spoken and gentle with a quiet sense of humor. His colleagues fondly remember his compassion for his patients, students and especially for his staff. He was totally dedicated to his patients and a strong advocate for the medical profession. He trained many generations of physicians Dr. Richard Obenour and mentored several current faculty members in the department. Early on in his career, he recognized the significant impact that a well-organized team-based approach could have within the health care system. He actively participated in teaching and training the current and future respiratory therapists, nurses, and other staff to achieve their full potential continued on page 2
TRIBUTE TO DR. RICHARD OBENOUR I am devoting this column to pay homage to one of the department’s most distinguished and illustrious physicians, Professor Emeritus Richard A. Obenour, MD. We deeply mourn Dr. Obenour who passed away on August 12, 2019. He devoted almost his entire working career, spanning more than 50 years, to the department and University of Tennessee Rajiv Dhand, MD, Chair Medical Center (UTMC). Dr. Obenour’s achievements as a clinician and leading pulmonologist are well known. He established the Knoxville Pulmonary Group (that later evolved into University Pulmonary and Critical Care). In the course of his distinguished career, Dr. Obenour held many leadership positions in the department, at UTMC, and in the Knoxville medical community. 1