Malpractice - Recording of Office Visits

[marcalans]

California

I am anticipating legal action against my surgeon for medical malpractice. Prior to surgery, I signed an arbitration agreement. I also have been using my mp3 player/recorder to record my follow-up visits with him without his knowledge (primarily for my own records and to facilitate the typing of notes after each visit). The surgeon has basically incriminated himself on these audio recordings.

1) Is it legal for me to record my office visits for this purpose (i.e., to create notes for my own records)?

2) Are there any circumstances under which the recordings could be admissible as evidence before an arbitrator even though they were made without the surgeon’s consent?

3) What about those undercover recordings made for television news exposées or for shows like “60 Minutes”? How do they get away with it?

 

[barry1817]

anticipating legal action

California

I am anticipating legal action against my surgeon for medical malpractice. Prior to surgery, I signed an arbitration agreement. I also have been using my mp3 player/recorder to record my follow-up visits with him without his knowledge (primarily for my own records and to facilitate the typing of notes after each visit). The surgeon has basically incriminated himself on these audio recordings.

1) Is it legal for me to record my office visits for this purpose (i.e., to create notes for my own records)?

2) Are there any circumstances under which the recordings could be admissible as evidence before an arbitrator even though they were made without the surgeon’s consent?

3) What about those undercover recordings made for television news exposées or for shows like “60 Minutes”? How do they get away with it?

I don't understand why you are anticipating legal action, but you need to have a course of action, and will need to have another doctor confirm that you have a case. Makes one wonder why you would stay with a doctor that you don't have trust in.

Barry1817@aol.com

 

[lealea1005]

I'm with Barry on this. Why would you continue to seek treatment from a Physician you feel has been negligent with your care? Have you bothered to get a second opinion? More information about your surgery and the reason you feel it's necessary to deceive your surgeon by recording your office visits may be helpful.

 

[ecmst12]

It's not legal to record phone calls without all parties' consent in California but I couldn't find anything about in person recordings.

I wouldn't count on being able to use the recordings, but since you think you have a malpractice case, you should have a lawyer that you can ask about it.

 

[BelizeBreeze]

California
1) Is it legal for me to record my office visits for this purpose (i.e., to create notes for my own records)?

No on several levels.

2) Are there any circumstances under which the recordings could be admissible as evidence before an arbitrator even though they were made without the surgeon’s consent?

yes, but not if the surgeon asks for a continuence to file charges against you.

3) What about those undercover recordings made for television news exposées or for shows like “60 Minutes”? How do they get away with it?

Not even worth my time.

Cal. Penal Code §§ 631, 632: It is a crime in California to intercept or eavesdrop upon any confidential communication, including a telephone call or wire communication, without the consent of all parties.

It is also a crime to disclose information obtained from such an interception. A first offense is punishable by a fine of up to $2,500 and imprisonment for no more than one year. Subsequent offenses carry a maximum fine of $10,000 and jail sentence of up to one year.

.....

Anyone injured by a violation of the wiretapping laws can recover civil damages of $5,000 or three times actual damages, whichever is greater. Cal. Penal Code § 637.2(a). A civil action for invasion of privacy also may be brought against the person who committed the violation. Cal. Penal Code § 637.2.

 

[barry1817]

taping

No on several levels.

yes, but not if the surgeon asks for a continuence to file charges against you.

Not even worth my time.

Cal. Penal Code §§ 631, 632: It is a crime in California to intercept or eavesdrop upon any confidential communication, including a telephone call or wire communication, without the consent of all parties.

It is also a crime to disclose information obtained from such an interception. A first offense is punishable by a fine of up to $2,500 and imprisonment for no more than one year. Subsequent offenses carry a maximum fine of $10,000 and jail sentence of up to one year.

.....

Anyone injured by a violation of the wiretapping laws can recover civil damages of $5,000 or three times actual damages, whichever is greater. Cal. Penal Code § 637.2(a). A civil action for invasion of privacy also may be brought against the person who committed the violation. Cal. Penal Code § 637.2.

I don't understand how this section applies. He is not eavesdropping or intercepting confidential communications since he is part of the communication, and is there in person.

Barry1817@aol.com

 

[BelizeBreeze]

I don't understand how this section applies. He is not eavesdropping or intercepting confidential communications since he is part of the communication, and is there in person.

Barry1817@aol.com

o.k. for everyone too lazy to read the statute themselves. California is an ALL PARTY state. Therefor, unless ALL PARTIES to the conversation agree to the recording, it is illegal.

Secondly, the place of the recording is relevant to an expectation of privacy. And the doctor can sue on those grounds.

And third, the civil and criminal penalties for disclosure.

 

[ENTDoc]

Why are you pursuing a malpractice case against this doctor?

Why have you continued to see him while secretly recording converstations?

This sounds to me like you are trying to entrap him so you can make yourself a pile of money. If you had a real case, you would not have to record office visits.