Julian Walter on Social Media: Law & Order


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Julian Walter clarifies what 21st century tech activities you ought to avoid to keep your medical career in optimum health.

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Julian Walter on Social Media: Law & Order

  1. 1. Law and Order in Social Media A new frontier or the wild west? Dr Julian Walter Medico-Legal Advisor (Solicitor)
  2. 2. Same problems, different ways
  3. 3. COMMUNICATION Same problems, different ways
  4. 4. = TROUBLE Old problems New medium No time to think Wide audience Same problems, different ways
  5. 5. “Not quite the tablets I had in mind” Same problems, different ways
  6. 6. Same problems, different ways Where are we now?
  7. 7. Same problems, different ways • Widening use of social media by medical practitioners September 2012
  8. 8. Same problems, different ways • AHPRA speaks ........... And we wait http://t.co/5h04G4Gk
  9. 9. Same problems, different ways WHAT DID AHPRA SAY? • Advertising • Maintaining Professional Obligations • Professional Boundaries • Professional Behaviour • Confidentiality & Privacy
  10. 10. Same problems, different ways Is this the end of Social Media before it even began?
  11. 11. Same problems, different ways We have to ask the right questions
  12. 12. What are the ‘rules’?
  13. 13. What are the ‘RULES’? MEDICAL BOARD OF AUSTRALIA CODE OF CONDUCT http://www.medicalboard.gov.au/documents/default.aspx?record=WD1 0%2f1277&dbid=AP&chksum=eNjZ0Z%2fajN7oxjvHXDRQnQ%3d%3d
  14. 14. What are the ‘RULES’? AMA https://ama.com.au/social-media-and-medical-profession
  15. 15. What are the ‘RULES’? American Medical Association http://www.ama-assn.org/ama/pub/physician-resources/medical- ethics/code-medical-ethics/opinion9124.page
  16. 16. What are the ‘RULES’? British Medical Association
  17. 17. Professional Boundaries
  18. 18. Professional Boundaries BOUNDARY VIOLATIONS
  19. 19. Professional Boundaries “Professional boundaries are integral to a good doctor–patient relationship. They promote good care for patients and protect both parties”
  20. 20. Professional Boundaries “Never use your professional position to establish or pursue a sexual, exploitative or other inappropriate relationship with anybody under your care”
  21. 21. Professional Boundaries “Avoid expressing your personal beliefs to your patients in ways that exploit their vulnerability or that are likely to cause them distress”
  22. 22. Professional Boundaries
  23. 23. Professional Boundaries MORAL PANIC ??
  24. 24. Professional Behaviour
  25. 25. Professional Behaviour www.foxnews.com
  26. 26. Professional Behaviour “In professional life, doctors must display a standard of behaviour that warrants the trust and respect of the community. This includes observing and practising the principles of ethical conduct”
  27. 27. Respect for colleagues
  28. 28. Respect For Colleagues
  29. 29. Respect For Colleagues “Good patient care is enhanced when there is mutual respect and clear communication between all health care professionals involved in the care of the patient - Communicating clearly, effectively, respectfully and promptly”
  30. 30. Confidentiality
  31. 31. Confidentiality
  32. 32. Confidentiality “Patients have a right to expect that doctors and their staff will hold information about them in confidence, unless release of information is required by law or public interest considerations”
  33. 33. Confidentiality
  34. 34. Photography
  35. 35. Photography YOU 3rd Party
  36. 36. Photography IMPORTANT POINTS: Disclosure only if purpose directly related to the primary reason for data collection; AND Disclosure is within the reasonable expectation of the patient National Privacy Principle 2.1(a) - Privacy Act 1988 (Cth)
  37. 37. Photography To infinity ...... and beyond!
  38. 38. Photography IMPORTANT POINTS: "child abuse material“ = the private parts of a person who is, appears to be or is implied to be, a child. s91FB (1)(d) Crimes Act 1900 (NSW)
  39. 39. Photography IMPORTANT POINTS: - Informed consent, audience and purpose -Maintain confidentiality & privacy - Part of the record - Secure storage - Beware the Policy
  40. 40. Photography
  41. 41. Photography Clinical images Explanation only Research - Written Consent Education - Written Consent Publication - Written Consent Branding - Written Consent Advertising - Written Consent
  42. 42. Photography Does a unique image identify the patient? Obtain consent even for de-identified images
  43. 43. Online doctor rating
  44. 44. Online doctor rating Currently in the US, approximately 16% of doctors rated on this site http://www.jmir.org/2013/2/e24/
  45. 45. Online Rating Difficult area Just ‘over the fence banter’ Or Something more serious ?
  46. 46. Online Rating Legal solution is not ideal
  47. 47. Online Rating Legal solution is not ideal Defamation action: Who is the poster? Opinion? Fact? Defamatory? Risks: expensive costly no guarantee of success publicises complaint
  48. 48. Online Rating Social Media driving the profession?
  49. 49. Online Rating Conclusion: In a nationally representative sample, higher patient satisfaction was associated with less emergency department use but with: - greater inpatient use of healthcare - higher overall healthcare and prescription drug expenditures - increased mortality http://archinte.jamanetwork.com/article.aspx?articleid=1108766 (26% more likely to die than those who had the lowest satisfaction) Social Media driving the profession?
  50. 50. QUESTIONS? Dr Julian Walter Medico-Legal Advisor (Solicitor)