The Ohio Court of Appeals recently ruled that a family’s secretly recorded conversation with their fathers’ doctor can be presented as evidence in a medical liability case. This ruling shows the liability risks doctors are presented with when they are speaking about medical treatment or care with families. With hand held electronic recording devices becoming more
available, doctors need to address the issue of whether or not they want to allow their patients to record medical conversations. These conversations could be admissible in court if the patient or their family members ever want to pursue legal action against the doctor in the event of a medical malpractice suit.
In some states, only one party has to consent to the recording, while other states require that both parties agree and several factors need to be considered before recordings can be presented as evidence in court.
The plaintiff must be able to prove that the recording has not been manipulated in and it should be the entire conversation and not just what they want the court to hear.
If these factors cannot be substantiated it falls on the judge to decide if the recording can be presented as evidence.
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