Mutual Matters

The Case of Provider vs Private Investigator: When Patients Record

Posted by Marshaleen King, MD on Jun 29, 2017 1:30:00 PM

MMIC_Patient_Record.jpgCase Scenario 1

A 46-year-old woman took her 15-year-old daughter to a pediatric practice for a routine physical. During the visit the mother became uncomfortable and felt the physician assistant (PA) repeatedly violated her personal space. Unknown to the PA, the 15-year-old daughter recorded the entire visit using her cell phone.

 The mother later filed a sexual harassment claim and used her daughter’s cell phone video to support her claim. After reviewing the tapes, the jury felt that there was no clear evidence of sexual harassment and the claim was dismissed. The PA was cleared of all charges.

Case Scenario 2

A 63-year-old woman with coronary artery disease was admitted for percutaneous coronary intervention (PCI). The procedure was documented as “challenging” and was complicated by difficulty achieving hemostasis at the puncture site after PCI. Immediately following the procedure, the cardiologist had a very detailed discussion with the patient’s family regarding the difficulties experienced during PCI. Unbeknownst to the cardiologist, the entire conversation was recorded by the patient’s son. Hours after the procedure, the patient was noted to be hypotensive and an evaluation revealed a retroperitoneal hematoma. The patient was taken to the operating room in an attempt to control bleeding, however, she went into cardiac arrest and died. The patient’s family sued for negligence and used the audio recording to support their case.

Learn about one more case involving patient/family-members recording physicians without their knowledge as well as our guidance by clicking below. 

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Read more about patients recording physicians here. 

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