In an article published in the July 17, 2002 issue of the JAMA, the Journal of the American Medical Association, Joel M. Geiderman, M.D. and Gregory L. Larkin, M.D., M.S.P.H., explore the ethical and legal issues that arise when filming patients who are receiving care. In their article, "Commercial Filming of Patient Care Activities in Hospitals" the authors review the common circumstances in which patients are commercially filmed in hospitals and discuss potential positive aspects and negative consequences of such activities. They also examine the competing goals of commercial filming and the duties of journalists versus the rights of patients to privacy.
In addition, Drs. Geiderman and Larkin review ethical principles, applicable Constitutional and case law, existing standards of the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO), and published opinions from the American Medical Association on the subject of filming. They also propose additional guidelines for commercial filming of patient care in hospitals. Among other suggested guidelines, they propose that filming should only commence after valid informed consent has been obtained from the patient.
JAMA