Many Obstetricians, Hospitals Prohibiting Videotaping of Births, Saying Tapes Could Be Used in Malpractice Cases

Main Category: Litigation / Medical Malpractice
Article Date: 07 Apr 2005 - 11:00 PDT

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Many hospitals and obstetricians across the USA have begun prohibiting or limiting the videotaping of births because of concerns that the tapes could be used in medical malpractice lawsuits, the... AP/Long Island Newsday reports. American Medical Association President Dr. John Nelson, who is an obstetrician, said, "What once used to be really fun and warm and cozy and so forth is now a potential nail in the coffin from a liability perspective," adding, "The doctor wants to be concerned about the clinical issue in front of him and not have to worry about how it's going to play on TV." Nelson said that in his own practice he does not allow families to videotape deliveries but does allow videotaping of events surrounding the delivery, including a mother's first moments with her infant, according to the AP/Newsday. Alicia Mitchell, a spokesperson for the American Hospital Association, said that some hospitals have policies on videotaping but many urge patients to discuss the issue with individual doctors, according to the AP/Newsday. However, David Beninger, an attorney in Seattle, said that obstetricians should be concerned with how their work would appear on videotape, according to the AP/Newsday. Beninger used a videotape of a birth in 1999 to show that an infant had experienced "dire complications," after medical records had described the infant as "healthy throughout" the procedure, according to the AP/Newsday. "If doctors were concerned about liability and frivolous lawsuits, they should welcome videotapes," Beninger said, adding, "A videotape proves what happens and when it happens. There's no more reliance on faded memories" (Linn, AP/Long Island Newsday, 4/4).

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