Malpractice - Recordings 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?

[Blue Meanie]

Originally Posted by 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?

[url]http://www.privacyrights.org/fs/fs9-wrtp.htm[/url]


California is a two party state...So to answer your question, NO! You can NOT use the recordings you made. You have broken State and Federal Wire Tapping Laws.

While there are some situations that California Law would allow you to record a conversation, yours does not meet those requirements.

How 60 Minutes get away with their recordings is irrelevant.

I suggest you destroy those recordings and the "notes"...

[racer72]

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

It is not being used against someone in a court of law.

[BelizeBreeze]

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