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Lawyer/Doctor Atsumi & Sakai Law Office
Outside Director MEDIUS Holdings Co., Ltd.

Junko Echigo

Graduated from the University of Tsukuba School of Medicine. Completed the Graduate School of Medicine at the same university and the Law School of Toin University of Yokohama. Registered as a lawyer in 2010 and started working as an in-house lawyer at Kanazawa University Hospital in the same year. Worked at Toranomon Hospital since 2015. Joined Atsumi & Sakai Law Office from January 2022. Outside Director of MEDIUS Holdings Co., Ltd.

“Knowledge of laws and regulations that medical professionals should know”

Points to note when using SNS in medical settings

In this corner, a former double-licensed in-house lawyer will introduce legal and ethical topics that may be useful in the medical field.

There are probably many medical professionals who use SNS not only for their private lives, but also for disseminating information and communicating at work. However, if you are not careful when using SNS, you may become the target of criticism and develop into trouble. This time, we will explain the points to be careful of when medical professionals use SNS.

Points to note when using SNS in medical settings

Characteristics and risks of SNS

SNS has become a well-established tool for communicating not only with people close to us, but also with people we don't know directly. There shouldn't be any problem with using SNS in itself, but medical professionals are required to take different considerations than other people due to their social responsibility and the fact that many professions are legally required to maintain confidentiality. There may be cases where

 SNSの顕著な特徴として、拡散の速さと、ひとたび拡散すると、その広がりを止められない、すなわち、全てを消去することは不可能に近いことが挙げられます。そのため、思わぬ反響を生じた場合、コントロール不能になってしまい、多大な被害を受けることがあります。法律上の手段として、ネット上の他人の投稿を削除するための手続きはありますが、費用と時間に見合った効果はあまり期待できません。また、情報という性質上、事後的に消去しても既に伝搬しているので、被害の拡大を止めることはできても、発生してしまった被害が減る訳ではありません。

 一般に、SNSの投稿には投稿者の日々の生活を綴ったものが多数みられます。その中には、たとえ匿名であっても、容易に投稿者が特定できる場合も多々あります。また、その投稿内容について固有名詞を使用していないにも関わらず、対象者が特定できたり、はたまた対象者以外の人が自分の事を投稿されたと勘違いしてしまう場合もあります。

How will the reader receive it?
It is important to think carefully and use carefully.

Every move of a medical professional is attracting more attention than he or she thinks. The reason behind this perception is due to public trust and confidentiality obligations. A long time ago, at the scene of a train derailment, a train driver took a photo of the scene and shared it on social media, which quickly went viral and caused an uproar. On the other hand, when a boat carrying students on a school trip sank overseas, a student on board posted the incident on social media, and although the poster soon died in the water, it received attention from all over the world. . Even if posts are about the same public transportation accident, the reason why the ratings are polarized is due to the attributes of the poster. On the other hand, as a flight attendant, the driver must give top priority to the safety of the passengers, but the students on the school trip were probably highly praised for their efforts to convey the tragedy without regard for the impending danger to their lives.

Even if it is a record of the daily lives of medical professionals, it is an extraordinary experience for patients, and there are a certain number of patients who take it for granted that they should take care of themselves first. Such patients may look at healthcare providers' SNS with interest. For example, even if you post something with a limited scope, such as ``I went to a drinking party right after I finished my surgery,'' it might spread for some reason and catch the attention of patients and their families. . If the postoperative course is unfavorable, and the hospital, date, and doctor's name can be identified, people who see the post will be able to identify the surgery that was similar to their own, even if it was not the surgery that they actually underwent. Sometimes it can get you in the mood. In such a case, at least you won't feel good. Therefore, it is important to avoid posting posts that might make others think that you are referring to them, even if they do not contain proper nouns. In the above case, you are writing about your private life after work after surgery, but if something happens that shakes the relationship of trust, the other person may not necessarily interpret it favorably. In fact, the SNS posts of the doctor being sued in a medical malpractice lawsuit are sometimes submitted as evidence to criticize the doctor's humanity.

Communication with patients
Purposeful use of SNS

In the case of a general practitioner, it is difficult to distinguish between personal and clinic information, but in the case of a working doctor, if the doctor communicates with a specific patient in a way that is visible to other people through the doctor's personal SNS, the patient's treatment may be difficult to distinguish. Complaints may be made to the hospital about the lack of equality. In general, you need to be careful when communicating with patients on a daily basis using personal email or direct messages on SNS. Even if a medical provider has many interactions on a daily basis and no history remains, the other party often maintains a history. If the relationship deteriorates after the fact and the matter is submitted as evidence in a court case, etc., the first thing that can happen is that the person is using personal property even though it is his/her job, which tends to be interpreted as confusion between public and private matters. Additionally, if the medical provider does not keep records, there is a risk that the patient will only use the parts that are convenient for the patient. Recently, there has been an increase in online medical consultations, so I think there are more opportunities to communicate with patients and their families outside of face-to-face meetings. In cases like this, it is important to use the hospital's official tools to communicate in a way that leaves a record, even if it is cumbersome.

When it comes to information that touches on patient privacy, non-medical professionals, including patients, often react more sensitively than expected compared to medical professionals who come into contact with patient information on a daily basis. When touched by subtleties, humans react emotionally. You need to put yourself in the shoes of a non-medical person, think about how you or your family would feel if the same thing happened to you, and treat the information with care.

Written by Junko Junko Echigo, lawyer and doctor, Atsumi Sakai Law Office

writing
Lawyer/Doctor Atsumi & Sakai Law Office
Outside Director MEDIUS Holdings Co., Ltd.

Junko Echigo

Graduated from the University of Tsukuba School of Medicine. Completed the Graduate School of Medicine at the same university and the Law School of Toin University of Yokohama. Registered as a lawyer in 2010 and started working as an in-house lawyer at Kanazawa University Hospital in the same year. Worked at Toranomon Hospital since 2015. Joined Atsumi & Sakai Law Office from January 2022. Outside Director of MEDIUS Holdings Co., Ltd.

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