My child was diagnosed and the condition was made worse because the Dr refused testing that would have caught the problem earlier.He has called asking all kinds of questions and I thought I heard a tape recording device both times he called.( He is no longer my childs doctor, but calls on the premise of checking to see how my child is doing) Im extremely upset that he calls at all so when he asked if my child had an operation yet I said no when actually he did. I just did not want to answer any more questions so I thought if I said no he would hang up and go away The Dr says he still gets all the medical records.So if he has all the records why ask me all these questions I know he knows the answers to? Also the way he spoke sounded exactly like he was reading questions off a list. If I go for malpractice can he use a tape in court? I live in Kentucky, and I know about the one party recording law but wouldnt a tape be considered heresay and not allowed to be used as evidence?
When I talk of the hearsay I am saying that by law the recordings may be introduced as evidence but only under strictly
controlled conditions. The recordings must have been made available
for discovery in the pre-trial proceedings. It is advisable to have
written transcripts made of the important parts. The recordings can
only be used as rebuttal evidence. It is considered heresay (?!?) as
direct evidence. In other words, you CANNOT use a recording to prove
something was said. You CAN use it to prove that the person who said
it is now lying about what he said.
Laural
A tape is not hearsay. Why did you talk to him at all?
smoothsophie
as long as one person knows the line is being recorded it's not illegal. And as long as he's not doing anything to violate Hippa laws then there is not much you can do besides getting another Dr. If he's giving your info to someone else from those recordings then I'd say you have a law suit!
Andy
Whether the doctor can record your conversation with him/her without your consent depends on what state(s) you are in. There are one-party and two-party consent states, and Federal law supports that distinction. Check your state law here: http://www.aapsonline.org/judicial/telephone.htm
The doctor may well say that you gave your consent even if you didn't. Proof of facts can be tricky.
pat
1. Usually with your permission.
2. Check your state laws.
3. State laws vary.
Donna W
If this doctor is no longer your childs doctor, then you do not have to talk to him at all. Whilst it is not against the law to phone anyone, it is against the law to harrass someone.....so next time he calls, just tell him in plain language that you do not wish him to call again, and then tell him that you will report him to the relevent people if he does call again.
I would guess the reason for this doctors calls to you is that, he knows that he has slipped up, and is just covering his own back, by trying to find out as much as possible.
If he is tapeing the calls, whilst i think that this may be legal, it is going against the trust that anyone should have in the medical profession.....maybe you should consider reporting this to his superior. In the UK, this would be the General Medical Council, i dont know what it is called in other countries, but im sure it should be easy to find out.
One more thing that i would like to add.......This doctor is saying that he has the medical records of your son, when in fact it is clear that he hasnt. if he had, then he would not need to ask the questions that he is asking you. It is clear that he knows nothing, and is just probeing you, and trying to force you to say something, by him saying that he has them.
I assume that your son is now well, and that the condition is resolved for him, and also that you have changed your doctor, to a different practice......If this is correct, then you have no questions to answer to your old doctor, and that if he continues to harrass you, that you should tell him that he is going to be reported.
I hope this helps....Good luck
Pronk1984
If you're in one of the "one-party taping consent" states which is all of them but ten states or so then you got nothing.
John E
Answer is-- maybe or maybe not illegal.. malpractice versus phone call privacy.. I work for the phone company in my area so I'm going to discuss the phone issue.. Under normal circumstances you must inform a person that a call is being taped. You do not have to inform them if you are using a phone taping system that has a beep every 5 seconds- i.e. calling the police, 911 calls- the beep is a universal standard that the phone call is being recorded... it should be detailed in the front of your phone book. You need to call security for your local phone company and ask this question.. due to patient/doctor priviledge this guy may get a pass... it's an iffy question. I have a Master's in Telco and have taken classes in Telecommunications and Business Law and have never heard nor read of a case like this.
Orignal From: Tips: Can my Dr tape our phone calls without my permission?
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