I am sure many of you know the story of the guy who recorded his colonoscopy. He heard the doctor say derogatory things about him while he was under the anesthetic. Things that the doctor would likely never say to him face to face.
The patient said that he wanted to record what the doctor told him after the procedure.
The patient’s motivation is not the point; the outcome of the case is irrelevant. The point is, the patient was recording without the knowledge of anyone in the room. To record a conversation without the knowledge of everyone involved is a violation of trust and against the law in many states.
I understand the desire to have a difficult conversation recorded for replay. A recorder is a powerful tool and your understanding is essential to your health. But, you should also understand that your doctor may feel awkward with this arrangement. Any person feeling uncomfortable in a situation can negatively impact communication.
Today, in the legal climate of the United States, every doctor worries about being sued. You may think, “Well, if the doctor didn’t make mistakes, you wouldn’t have to worry about it.”
Remember what doctors are: human beings. None of us are mistake-proof.
Let me try to set the scene for you. What if I forget to say something about a minor risk complication, and it happens to you? What if you recorded the conversation and you are the type to sue? Remember, our relationship is new. We do not know each other well. We are trying to establish a relationship in a short time around a possibly emotional, scary diagnosis.
I say all of this so that you know how recording may affect your doctor. This is not to say that you should not ask. You should ask if you can record your appointments. If you cannot have another set of ears with you for a difficult, important conversation, recording is the next best thing.
If this patient did not have someone he trusted at the appointment with him to take down the after visit instructions and findings, asking for the instructions and findings in writing is acceptable. Letting one of the nurses or the doctor know that you would like to have the instructions and findings recorded is reasonable. He could have given them the phone to start the recording at if he was worried that he would forget.
You should never record a conversation in secret. The recorder needs to be out in the open and on the table for all to see. To be sure that your doctor is ok with it, it may be best to call to let them know ahead of time.
Some doctors will not be comfortable with recording the meeting. Another option is requesting informational handouts or rescheduling the appointment. Make sure the receptionist knows that you will need extra time for your appointment so that no one feels rushed.
If you do not trust your doctor, you are less likely to follow up and follow a treatment plan. You are also less likely to ask questions.
If your doctor does not trust you, hopefully, they would refer you to another doctor. More likely, they will continue to be your doctor, but the likelihood of inferior care is high.
Remember, your health is your responsibility.
Resources & Links
In twelve states, no person may record a private communication without the consent of every party to that communication. Thus, no surreptitious recording is allowed (with exceptions for law enforcement officials who have obtained warrants to make such recordings). The states with these laws are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
http://www.rcfp.org/rcfp/orders/docs/RECORDING.pdf
