GPs warned off picture phones

There are confidentiality issues

The Medical Defence Union has warned doctors to be careful of using picture phones for diagnosing patients.

While realising the potential benefits of phone use, the MDU says there are serious ethical and legal implications.

Dr Nick Norwell, medico-legal adviser for the MDU said images need to be protected against improper disclosure.

The warning follows new guidelines from a medical watchdog stating medical use of picture phones has not been deemed to be safe, suitable or effective.

The Medicines and Healthcare Products Regulatory Agency (MHRA) released guidelines earlier this month over the use of digital cameras and picture phones in diagnosing patients.

They state the use of either device "exposes users and patients to unknown and therefore unacceptable risks and may have legal and ethical implications."

The paper warns it could lead to legal action against the doctor or hospital.

Confidentiality

The MDU's advice on mobile phones also follows several news stories on GPs around the country using the technology to speed up treatment time.

You could imagine a situation where a diagnosis is made from a picture and the diagnosis turns out to be wrong. Dr Nick Norwell, Medical Defence Union

Some GPs are using mobile phones to send X-Ray images to remote specialists, who can then advise doctors on how to proceed with the patient.

Doctors in Wales recently used this technology, while a report in Family Practice, cited in the British Medical Journal, revealed doctors using polaroid cameras were able to cut the number of patients needing to see a dermatologist by 25%.

Only patients with problems that a GP could not diagnose from the photo were sent to the specialist.

Dr Norwell said that while this could greatly benefit the patient, GPs must be aware of the associated risks.

He said with one flick of the thumb, a GP could send a confidential picture to the wrong person.

"GPs using a picture phone to take an image of a patient are creating a medical record, which is subject to ethical and legal considerations," he told BBC News Online.

"You could imagine a situation where a diagnosis is made from a picture and the diagnosis turns out to be wrong."

He said it's important the patient gives their full consent to the picture being taken and understands how it will be used.

"If a patient happens to be unconscious the GP would have to act in the patient's best interest."

The storage and processing of pictures is covered by the Data Protection Act 1998.

Pictures taken on a phone would have to be stored like all medical records.

According to the MHRA, the onus in these situations lies with the GP, not the manufacturer.

Dr Norwell added that most GPs are well aware of their duty when it comes to data protection and confidentiality.