Admissibility of ED Recordings Depends on Multiple Factors
Healthcare and Data Privacy attorney Shannon Hartsfield was quoted in a Relias Media article about whether an audio recording made by a patient or family member during an Emergency Department (ED) visit would be allowed as evidence in malpractice litigation. If a state requires consent of both parties to make an audio recording, the patient or the family would need permission from the physician, nurse or anyone else they are recording.
Ms. Hartsfield also explained that providers should take steps to reduce the chance that protected health information is recorded.
“While a hospital, physician, or other provider is subject to HIPAA requirements in most cases, patients are not constrained by these federal privacy regulations...If an ED provider becomes aware that protected health information was recorded by an unauthorized person, the situation could amount to a privacy breach if the information was compromised,” Ms. Hartsfield commented.