Secret Recording Held Admissible in a Medical Malpractice Lawsuit

A court in Ohio recently held that a secretly recorded conversation made by relatives of a patient and a physician can be admissible in a medical malpractice, wrongful death case against the physician.  In this case the patient had cardiac arrest and was declared brain dead two days after knee surgery.   It was later determined that the cardiac arrest was caused by a high potassium level. The family of the patient met with the Chief Medical Officer of the hospital after the patient arrested, but prior to his death.  The doctor was apologetic and admitted fault on the part of the hospital. 

In some states, like Ohio, it is legal for one person to record a conversation without the other party’s knowledge.  If physicians are concerned that their conversations are being recorded without their wishes, they can create a no recording policy and visibly post the policy in their office or hospital.