Video surveillance can be a powerful tool in healthcare. Cameras can be used in common areas of medical facilities, allowing staff to keep an eye on patients. They may also help with security, further boosting patient safety.
However, healthcare-related surveillance brings complications that are not seen in other types of businesses. The Health Insurance Portability and Accountability Act (HIPAA) protects patient privacy, and medical facilities that violate the act can face stiff penalties. Before installing cameras in your facility, it's important to understand the risks.
The Lento Law Firm Professional License Defense Team understands the risks that come from video surveillance. If your medical facility or practice faces legal repercussions due to on-site recordings, our team can help. Give us a call at 888-535-3686 or fill out our confidential online form, and we'll be in touch.
Video in Healthcare Facilities
The healthcare industry is fully embracing video technology, including solutions that use artificial intelligence to improve employee productivity. However, as valuable as these tools can be, they bring concerns about patient privacy and culpability.
One concern is that video surveillance could bring legal issues for facilities that aren't using them properly. For instance, you may unknowingly have a camera in an area where someone would have a reasonable expectation of privacy, like a patient's room.
In some cases, the camera isn't even illegally placed. Camera angles can easily change, especially if the camera is in an area where anyone can reach up and shift it. A poorly aimed camera might catch something it shouldn't, which can put a facility at as much risk as intentional camera placement.
Legal Issues with Surveillance
The first concern with any video surveillance is patient privacy. If your facility receives a HIPAA complaint, you could face fines and/or license revocation. Your recordings might capture personal health information, which is a potential violation in itself, but it could also catch healthcare workers violating HIPAA laws.
However, HIPAA is only part of the risk your facility can face when it comes to video surveillance. If a patient's loved ones believe they're not getting the care they need, they might turn to the legal system. Attorneys can request copies of recordings and use those as evidence against you. As closely as you screen employees, even the best employee can make a mistake, and if that mistake is caught on camera, it could harm the entire facility.
Even if you limit surveillance cameras to common areas, it's important to be aware of the risks. An attorney can advise you of the best practices for reducing your liability while also protecting your facility and your patients.
How Our Team Can Help
When installed correctly, video surveillance can be a valuable addition to your healthcare environment. The Lento Law Firm Professional License Defense Team can help you manage the risks associated with recordings and advise you on the best way to proceed. If you're dealing with legal action due to a recording, we can help with that as well. Contact us at 888-535-3686 or complete our online form, and we'll be in touch.
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