TRAUMA QUALITY IMPROVEMENT

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

Published on

September 6, 2024

Journal of Trauma and Acute Care Surgery

Bahaa Succar, Michael A Vella, Daniel Holena, Jordan Estroff, Beatrice Rule, Madeline Rivera, Spencer Studwell, Dhara Shukla, Ryan P Dumas
Bahaa Succar, Michael A Vella, Daniel Holena, Jordan Estroff, Beatrice Rule, Madeline Rivera, Spencer Studwell, Dhara Shukla, Ryan P Dumas
Bahaa Succar, Michael A Vella, Daniel Holena, Jordan Estroff, Beatrice Rule, Madeline Rivera, Spencer Studwell, Dhara Shukla, Ryan P Dumas

Overview

Video-based platforms are revolutionizing trauma surgery, particularly through trauma video review (TVR), which enhances performance metrics, medical education, and patient outcomes. However, the adoption of TVR is hindered by medicolegal concerns, including issues related to spoliation, patient privacy, and consent. Despite the proven benefits of TVR, such as improved processes of care, many institutions remain hesitant due to the potential legal risks. Only a few legal cases have addressed TVR explicitly, noting that certain state statutes can protect video disclosures in specific contexts, especially when linked to quality assurance and peer review activities.

Additionally, the Health Insurance Portability and Accountability Act has historically created apprehension among providers regarding patient privacy. Nevertheless, integrating video review consent into general hospital consent processes may alleviate some concerns. While litigation and privacy issues continue to pose challenges, the advantages of TVR—particularly in enhancing surgical performance and potentially reducing medicolegal risks—suggest that its adoption is likely to increase as technology evolves.

Results

Video review is a valuable tool recognized by numerous individuals and educational organizations for its various benefits over traditional methods of trainee evaluation, education, research, and performance improvement. Despite its widespread use across the country, TVR remains relatively underutilized.

While legitimate medicolegal concerns persist, we believe that the overall advantages of capturing and addressing areas for improvement far outweigh the minimal risk of malpractice claims associated with this technology. Trauma video review constitutes an essential component of a high-functioning trauma program, and its significance will only grow as technology continues to advance.