A summary of the key concepts from this meeting and subsequent workgroups has been published by the Annals of Surgery: "Navigating A Path Towards Routine Recording in the Operating Room". In it, we discuss the key barriers to routine recording - ownership and access, liability implications, and privacy and surveillance - and how to overcome these barriers. While this article provides an important start down the path to routine recording, additional and nuanced issues will no doubt emerge. Please consider joining our mailing list and leave comments on additional topics you would like to see addressed.
Surgical activities were classically a public affair – the operating “theatre” was open to colleagues, family members, and even the interested public. In the 20th century, however, the operating room became increasingly sequestered for clinical, social, and legal reasons, leading to a substantial disconnect between what patients and the public expect occurs during surgery and what operating room insiders know about surgical proceedings. Decreasing trust in most institutions (e.g., medicine, government, law enforcement), increasing demands for transparency from these institutions, and a desire for more patient empowerment have brought about a new environment of accountability regarding operating room activities. Such trends are beneficial in many ways, but have complex ethical, legal and practical consequences that need clarification and careful attention as increased surgical surveillance develops.
An important part of this new environment of accountability are technological innovations that enable continuous recording of operating room activities (video, audio, and other sensor data). These are designed to support quality improvement, performance assessment, and patient safety, and they have shown significant promise in enhancing surgical care. Furthermore, both nationally and internationally, lawmakers have proposed mandatory operating room recording for these reasons. However, the potential for widespread recording of operating room activities combined with expectations of transparency raises many difficult, unanswered questions in need of close study and analysis.
This first global conference on the Ethical, Legal and Social Implications of Surgical Video brought together experts in ethics, law and surgery to examine the potential impact of this paradigm shift towards objective recording. The meeting included public panel sessions, as well as breakout groups to identify knowledge gaps and set research agendas for the coming year.
The leadership of this conference values inclusion and diversity, the voice of the public, and elevation of early-stage researchers and scholars; this meeting was planned and conducted in accordance with these values.
Alexander Langerman, conference chair, begins the meeting with a short presentation on the history, technology, and potential clinical and social impact of surgical recording. This is followed by a discussion between Dr. Langerman, Gerald Fried from McGill University, and Teodor Grantcharov from the University of Toronto on the opportunities and challenges of surgical recording. Recorded live 14 May 2021.
Andrew Shuman from the University of Michigan leads a panel of surgical ethicists in a discussion of the ethical considerations for surgical recording. Topics discussed include surgeon-patient communication, informed consent, equity in development and application of this technology, and differences between “research” and “quality improvement” studies using surgical recording. Panelists are Celia Divino from Mount Sinai Hospital New York, Sabha Ganai from the University of North Dakota, and Anji Wall from Baylor University Medical Center. Recorded live 14 May 2021
Ellen Clayton from Vanderbilt University Medical Center leads a panel of surgeons, nurses, anesthesiologists and researchers in a discussion of the potential legal challenges for surgical recording. Topics discussed include confidentiality and privacy of surgical recording data, mitigating medicolegal risk exposure for individuals and institutions, potential impact on the malpractice system, and ownership of surgical recording data. Panelists are Erin Fuse Brown from Georgia State University College of Law, Nathan Cortez from Southern Methodist University Dedman School of Law, and Michelle Mello from Stanford University. Recorded live 14 May 2021
Catherine Hammack-Aviran from Vanderbilt University Medical Center leads a panel of surgeons, nurses, anesthesiologists and researchers in a discussion of the social and professional implications of surgical recording. Topics discussed include professional oversight, the potential effect of recording on surgical staff members and patients, challenges with implementing audio and video recording in clinical spaces, and ways to engage stakeholders to make routine recording a reality. Panelists are Aalok Agarwala from Massachusetts Eye and Ear / Harvard, Caprice Greenberg from Augusta University / Medical College of Georgia, Daniel Hashimoto from Massachusetts General Hospital / Harvard, Carla Pugh from Stanford, and Joslin Swanfeldt from UT Southwestern. Recorded live 14 May 2021
The first global meeting on Ethical, Legal and Social Implications of Surgical Recording was held virtually on May 14th, 2021. All times listed are Central Time.
Open Sessions - Live Stream
8:00 am - 8:45 am Introduction and Opening Remarks
8:45 am - 9:30 am. Ethics Panel - Patient Communication, Consent, and Equity
9:30 am - 10:15 am. Legal Panel - Legal Challenges for Routine Recording
10:15 am - 11:15 am. Social/Professional Panel - Ensuring Buy-In from Stakeholders
Invitation Only - Knowledge Gap Identification and Research Agenda Setting
11:30 am - 1:00 pm Ethics, Legal, and Social/Professional Breakout Sessions
1:00 pm - 2:00 pm. Reports from Breakouts and Wrap-Up
Following the meeting, videos of the introduction and panel sessions will be posted on this site. White papers arising from the breakout sessions will also be disseminated for public review and commentary.
Please access the annotated bibliography of previously published papers on ethics, law, and social research on surgical recording, as well as legislation that some US states have proposed to mandate surgical recording. This bibliography also includes selected technical and implementation papers that describe the technology and examples of quality improvement and educational uses of these recordings. This bibliography was developed through the Surgical Ethics Program at the VUMC Center for Biomedical Ethics and Society.
Conference Chair
Associate Professor
Director of Surgical Analytics Lab
Director of Surgical Ethics Program
Center for Biomedical Ethics and Society
Vanderbilt University Medical Center
Nashville TN USA
Professor of Surgery, University of Toronto
Keenan Chair in Surgery, St. Michael's Hospital
Director, International Center for Surgical Safety
Toronto ON Canada
Professor of Surgery
Associate Dean for Educational Technology & Innovation
McGill University
Montreal QC Canada
Moderator
Associate Professor
University of Michigan
Ann Arbor MI USA
Edelman Professor of Surgery
Vice Chair for Education
Mount Sinai Hospital
New York NY USA
Associate Professor of Surgery
University of North Dakota
Fargo ND USA
Abdominal Transplant Surgeon
Baylor University Medical Center
Dallas TX USA
Moderator
Professor
Vanderbilt University Medical Center
Nashville TN USA
Catherine C Henson Professor of Law
Director of Center for Law, Health & Society
Georgia State University College of Law
Atlanta GA USA
Adelfa Botello Callejo Endowed Professor of Law in Leadership and Latino Studies
Southern Methodist University Dedman School of Law
Dallas TX USA
Professor of Law
Professor of Medicine
Stanford University
Palo Alto CA USA
Moderator
Associate in Health Policy
Center for Biomedical Ethics and Society
Vanderbilt University Medical Center
Nashville TN USA
Chief Medical Officer
Massachusetts Eye and Ear
Harvard Medical School
Boston MA USA
Chair, Department of Surgery
Surgeon in Chief, AU Health
Augusta University, Medical College of Georgia
Augusta GA USA
Associate Director of Research
Surgical AI and Innovation Laboratory
Massachusetts General Hospital
Harvard Medical School
Boston MA USA
Professor of Surgery
Director of the Technology Enabled Clinical Improvement (TECI) Center
Stanford Medicine
Palo Alto CA USA
OR Manager
UT Southwestern Medical Center
Dallas TX USA
Copyright © 2021 Alexander Langerman - All Rights Reserved.
The first global conference on Ethical, Legal and Social Implications of Surgical Recording is sponsored by the Center for Biomedical Ethics and Society and the Department of Otolaryngology - Head and Neck Surgery at Vanderbilt University Medical Center in Nashville, TN, USA, the International Centre for Surgical Safety in Toronto, ON, Canada, and the Consortium for Surgical Ethics.
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