Study finds many patients record their medical appointments, often without permission…

More than one quarter (26%) of 236 Australian adults who completed an online survey said they had recorded a medical appointment with permission from the clinician — while 15% had secretly done so, and another 7% said they know someone who had covertly recorded a visit to the doctor.

The analysis published this week found that 71% of patients would consider recording their medical appointment.

The main reasons people gave for recording were to help them understand and remember the information.

“With a cancer diagnosis there is a lot of information to take onboard and process. You can feel rushed and not have time to take notes. Confusion is possible. There can be a whole new range of terms to absorb. There can be a range of treatment options,” one patient quoted in the study said.

“I had incredible brain fog and explained I would literally forget any specifics I was told,” another patient who had openly recorded their consultation said.

Why do patients record without permission?

Twenty-two percent of participants had either secretly recorded a conversation(15%) or knew someone who had (7%) — with about half explaining why.

“Predominantly, participants said they were worried about their health professional’s reaction to a request to record, they didn’t want to risk being told ‘no’, felt uncomfortable asking, or the request had already been declined,” the authors summarised.

One participant added that they were concerned the doctor might “hold back their thoughts” if they knew they were being recorded, while another recorded covertly after their health professional said no — justifying that choice because they felt the health professional had misinterpreted the hospital policy. Others recorded without permission because they wanted a second opinion.

Health professionals who participated in a small 2020 pilot study of a smart phone app to help patients audio-record consultations said that while they were comfortable with it, some of their colleagues might not be, with one doctor raising concerns that recording could be inappropriately shared on social media.

Are patients going to share their consultations on social media?

The new study found that 5% of participants would consider sharing the recordings on social media, and a further 11% said they might consider it. However, the majority — 84% — were staunchly opposed to this.

All participants were asked to elaborate on their response to that question — with the majority of 132 free-text responses expressing that sharing recordings on social media would be a breach of trust of the doctor-patient relationship, “and would be unfair, inappropriate, unethical, and disrespectful.”

“The only context I can EVER imagine doing that is if something really REALLY awful and explicitly abusive happened (the doctor propositioned me for sex or told me I had to pay money or they would hurt me or something) and I had exhausted all the proper channels of redress (making complaints, legal avenues, etc). But that seems unbelievably unlikely to ever occur,” one participant in the study said.

Is recording legally allowed?

In a corresponding Conversation article, the study authors note that the law varies between states and territories.

“In several jurisdictions (Victoria, Queensland, the Northern Territory, New South Wales, the Australian Capital Territory and Tasmania), patients don’t need permission if the recording is only for their own use. But in South Australia and Western Australia, recording without permission could result in a fine or jail term,” they explained. “Regardless of the law, asking for someone’s OK to record them is usually the best option.”

Should clinics allow patients to record consultations?

Fifty-six percent of participants in the study would like their clinic to allow them to record consultations.

“I think it would really improve the outcomes of patients, who can really reflect on conversations they’ve had with their doctor to allow them to really take control of the information, know that that’s exactly what they heard, instead of misremembering and going off on a different path when researching further. I can see why drs are not sure about this, but at the end of the day, patients almost always have positive things to say about their drs and will be protective of them, not wanting to cause harm,” one participant wrote.

Another described it as a “win-win” for both patients and doctors, given that it could ensure consent and potentially protect doctors. “However, there should be a mutual understanding that such recording will be considered private for the patient and the doctor and should not be publicized. Therefore, the healthcare facility should have a clear policy about the recording so that both parties understand their duties and responsibilities after the recording is made,” they said.

For more information:
Read the full study here.