CAMERAS IN DELIVERY ROOMS
Last week, the New York Times reported that a Maryland hospital had barred all picture-taking and video-recording in delivery rooms during the birthing process. The policy requires all cell phones in the delivery room to be powered off and permits picture taking only after the baby has been delivered and "the medical team has given permission" to do so.
Understandably, many parents were outraged by the new policy. The hospital, which instituted the policy to promote the health and safety of child and mother, also claimed it had become increasingly concerned with the privacy rights of its staff and their unwillingness to have their photo posted on proud parents' Facebook accounts.
There are no federal or state laws that specifically prohibit the taking of photographs and/or videos in hospital delivery rooms. There also are no national standards on the issue. Hospitals may institute these policies if they wish.
As an Illinois medical malpractice attorney, I know that much of the concern regarding taking photographs and videos in deliver rooms stems from the medical community's concern and paranoia over medical malpractice suits. Often, if there is a problem during delivery, the photographs and videos taken by parents could become important evidence during a malpractice lawsuit. This evidence would inevitably resolve the “he said/she said” disputes, which commonly arise in lawsuits. Although some hospitals and doctors embrace the transparency that comes with recording a birth, others fear that recordings will be used against them. In my opinion, parents should be able to record the birth of their child so long as it doesn't interfere with a safe delivery. A doctor or hospital's fear of a medical malpractice lawsuit is not a good reason for prohibiting recording in the delivery room.
