My brother has had some memory loss and has a hard time recalling some important information after the fact. His workers’ comp. doctor refused to allow him to record the appointment last time I was just wondering if he has that right. If so, where can I find some documentation on it? Thanks in advance for answering.
2006-10-15 18:38:56 · 10 answers · asked by smooches986 4 in Politics & Government ➔ Law & Ethics
Legally....as long as one of the parties being recorded is aware of the conversation being recorded...it is legal. Most Drs. don't want it however due to possible future malpractice suits
2006-10-15 18:42:36 · answer #1 · answered by Anonymous · 1⤊ 0⤋
He need to contact the insurance commission in your state or the worker's comp commission and tell them he needs to be able to tape the session as a reasonable accommodation under the Americans with Disabilities Act to compensate for problems with short term memory. If the doctor cannot give him this accommodation, he needs to ask for another doctor.
Kristi, what you say about audio taping is not true. All present must be aware of and consent to the taping: unless there is a court order allowing an audio tape. This precedent was set after Watergate. But oddly enough, it is legal in most jurisdictions to video tape without consent.
2006-10-16 02:38:52 · answer #2 · answered by ValleyViolet 6 · 0⤊ 0⤋
It depends on the state laws, but for the most part, no he doens't have the "right" to. The doctor can refuse and he can choose to abide, or get another doctor. Refusing to shut it off or recording by hidden taping can be considered wiretapping and be illigal, but consult a lawyer in that county to find out what your local and state laws are.
2006-10-16 01:43:31 · answer #3 · answered by Gehan G 3 · 0⤊ 0⤋
There is no such right. and other people have told you about the basic law of wiretapping.
Frankly, I would get a new doctor. I understand why he does not want to be recorded--doctors are petrified of lawsuits. But in this case there is a very valid reason. If the doctor has no reason to be concerned he should cooperate.
2006-10-16 03:00:18 · answer #4 · answered by beckychr007 6 · 0⤊ 0⤋
No documentation needed. It's just a matter of explaining to the MD what you want to do and why. If they give consent, then the patient is cleared to record. If the MD says no, then find an MD who will say yes.
2006-10-16 01:49:26 · answer #5 · answered by OU812 5 · 0⤊ 0⤋
Recording a conversation between a patient and doctor is not valid if the latter do not want it because it is a violation of the wire tapping law.
2006-10-16 05:42:17 · answer #6 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Since it is Workman's Comp I wouldn't chance ticking off the Dr. but he should be able to take someone in with him who can remember for him & be a second party to anything said.
2006-10-16 02:01:38 · answer #7 · answered by Smartypants 2 · 0⤊ 0⤋
Legal rights will probably vary by state, but I would guess that if the reason were explained beforehand, most doctors would be fine with it.
2006-10-16 02:03:28 · answer #8 · answered by neniaf 7 · 0⤊ 0⤋
Depends on which state you are in. I know in the state of Texas you can record audio if only one person knows(that person can be you) unless otherwise specified.
2006-10-16 01:49:24 · answer #9 · answered by Kristi A 4 · 0⤊ 0⤋
Yea
2006-10-16 01:46:45 · answer #10 · answered by Socom 3 player 3 · 0⤊ 0⤋