Anne van Dalen

1 Legal perspectives on black box recording devices in the operating environment I 43 should not ignore the fact that, in time, society may shift towards favouring the idea that MDR-generated video and data recordings should be accessible to patients, next to the information that is already accessible via their medical record. 70,86–88 In the future, society may decide to choose transparency over the medicolegal concerns of medical employees and demand full legal access for the patient to the information generated by MDRs. 4,85 In the USA, the state of Wisconsin 89 has already drafted legislation to allowpatients to access video recordings of their surgical procedures. If future legislation were to support the position that the MDR should become part of standard care, and if the output should become part of the patient’s medical record, healthcare Table 1. Key dimensions, recommendations and legal guidelines on the use of a medical data recorder in the operating theatre.