Consent, Confidentiality and Record Keeping for the Recording and Usage of Medical Images

Abstract

A recent General Medical Council Fitness to Practice decision has highlighted the need for clinicians and medical illustrators to be particularly aware of not only consenting patients carefully for photographs but also recording the consent adequately. This article goes through the basic consenting process that should be followed, including the capacity assessment and what information should be given to patients. It makes recommendations for dealing with more complicated scenarios such as the unconscious patient and photographing children, and gives guidelines for the use of cameras on mobile phones. Consent is a key ethical and legal issue and as this recent case has shown, can result in disciplinary proceedings if the correct procedures are not adhered to.