Background: Recording intraoperative videos has become commonplace during surgery, with applications in video-based assessment, education and research. These videos can be both manually and automatically analyzed for performance analysis. A number of commercial entities providing video acquisition and processing has flourished over the recent years. As these companies expand, a number of medico-legal, licensing, intellectual property and data sharing related questions have been raised.
Methods: We performed a qualitative survey of surgeons, hospital administrators, lawyers and commercial entities offering video recording capabilities for serious issues that the average surgeon who records their videos should consider. To address these concerns, we reviewed relevant legal precedent and currently available contracts.
Results: We identified several key medico-legal constraints, including data ownership and storage, FDA compliance, privacy and potential for use in litigation, present the legal background and potential solutions.
Conclusion: Given the availability of surgical recording and the future of video-based performance analysis, surgeons need to become comfortable with the medico-legal issues and the potential solutions available with national physician-led lobbying.
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