A new report in the Journal of the American Medical Association (JAMA) confirms that more and more patients are using their smartphones and digital voice recorders to record their doctor’s office visits.
While most patients say their use of the recordings is based upon convenience, many physicians are concerned about the recordings being used against them in medical malpractice lawsuits.
In this issue, we’ll talk about the overall issue of recording doctor’s office visits, including the legality of it.
Why are patients recording their conversations with doctors?
According to the JAMA article, many patients are using the recordings to help them remember vital details about their conversations with their doctors. Some are also sharing the recordings with their caregivers.
By recording the conversations, the patients said they experienced less pressure to have to remember all details of their conversations. Because medical jargon can be difficult for just about any lawman to understand, it’s easy to relate to the convenience offered by the recordings.
Is it legal to record conversations with my doctor?
It all depends upon where you live. Existing statutes and regulations about wiretapping and eavesdropping appear to provide the basic framework about the legality of making the recordings.
In “one-party” states, just one person in the conversation is legally required to be aware of and offer consent to the recordings. In “all-party” states, everyone involved in the conversation must be aware of the recordings – and provide consent – for them to be legal.
There are currently 12 “all-party” states:
- California
- Connecticut
- Florida
- Illinois
- Maryland
- Massachusetts
- Michigan
- Montana
- Nevada
- New Hampshire
- Pennsylvania
- Washington
If you do not live in either of the above states, you’re free to record your doctor’s office visits.
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If you have been the victim of medical malpractice, you’ve got enough on your mind. We can help you recover fair compensation to off-set lost wages, mounting medical bills and other expenses.
For a free consultation, call The Fitzgerald Law Firm; our number is 800-323-9900