Trauma video review through the legal lens: Improving care while minimizing risk

Authors

Bahaa Succar, From the Division of Burn Trauma Acute and Critical Care Surgery (B.S., R.P.D.), UT Southwestern Medical Center, Dallas, Texas; Division of Acute Care Surgery (M.A.V.), University of Rochester Medical Center, Rochester, New York; Division of Trauma and Acute Care Surgery (D.H.), Medical College of Wisconsin, Milwaukee, Wisconsin; Division of Trauma and Acute Care Surgery (J.E.), George Washington University, Washington, District of Columbia; University of Buffalo School of Law (B.R., M.R.), Buffalo; Office of Counsel, Department of Public Health Sciences (S.S.), University of Rochester Medical Center, Rochester; and Albany Medical College (D.S.), Albany, New York.
Michael A. Vella
Daniel Holena
Jordan Estroff
Beatrice Rule
Madeline Rivera
Spencer Studwell
Dhara Shukla
Ryan P. Dumas

Document Type

Journal Article

Publication Date

9-6-2024

Journal

The journal of trauma and acute care surgery

DOI

10.1097/TA.0000000000004408

Abstract

Video-based platforms have emerged as a transformative force in the field of trauma surgery. Despite its potential, the adoption of trauma video review (TVR) faces challenges. In this review, we describe the use of TVR and examine medicolegal issues pertaining to spoliation, patient privacy, and consent. Research highlights the multifaceted benefits of TVR, from refining performance metrics and medical education to improving processes of care and patient outcomes. Despite these advantages, medicolegal risks may prevent many centers from embracing this technology. Our review identified only two cases that explicitly mentioned the TVR process, where specific state statutes offered protection against video disclosure. In fact, much of the case law related to the disclosure of hospital video recording systems pertains to spoliation (destruction of evidence). Most importantly, when the creation of TVR videos is directly linked to quality assurance activities and peer review programs, Peer Review Statutes may shield these recordings from being disclosed. These statutes are thus defenses courts rely on when refusing to invoke the spoliation inference. The implementation of the Health Insurance Portability and Accountability Act act historically discouraged centers from pursuing their TVR programs due to patient privacy concerns. Nonetheless, integrating the video review consent as part of the general hospital consent can mitigate this issue. Litigation and privacy considerations still raise the alarm among providers, however, the potential for performance improvement and reduced medicolegal risk outweigh the concerns. Although TVR remains relatively underutilized, its significance will only grow as technology continues to advance.

APA Citation

Succar, Bahaa; Vella, Michael A.; Holena, Daniel; Estroff, Jordan; Rule, Beatrice; Rivera, Madeline; Studwell, Spencer; Shukla, Dhara; and Dumas, Ryan P., "Trauma video review through the legal lens: Improving care while minimizing risk" (2024). GW Authored Works. Paper 5672.
https://hsrc.himmelfarb.gwu.edu/gwhpubs/5672

Department

Surgery