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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Dear Lawyers, Is it legal for a work mens comp ER ...

Resolved Question:

Dear Lawyers,
Is it legal for a work men''s comp ER manager to take your personal property and damage it. My sister is suffering from depression and her minder is not good right now , so we record her doctor''s visits for her record. We ask the staff and doctor if it was OK to record the visit . He OK ''ed it and the record was in plan view for all to see it. The manger harass our mom to give her the tape and record, by treating to call the police on her and had three security Giraud''s walk her out of the hospital with my sister''s kid. The lady stated that the doctor didn''t know the laws about recording doctor visits. We believe that this is UN-true! She told my sister that my mom cause a scene and that our mom made her take the tape an shatter it! We asked why her took my tape from my mom , told her that the tape was for my sister personal records. The lady also stated that she banned our mom from the hospital. Our couldn''t return to see about my sister that day. Later my sister''s
Submitted: 5 years ago.
Category: Legal
Expert:  Ely replied 5 years ago.
Customer

No, it is not legal. Unfortunately, since this is such a minor incident, the police will most likely not envolve themeslves in it.

Your best bet - wait until your sister is out of the hospital, and then file a small claims suit against the person responsible for the damage, as well as the hospital, since a workplace is generally responcible for anything its workers do as long as it relates to work. Hire an attorney to do it. The hospital will likely just pay you the difference and the filing fee just to get it over with, since they would likely spare their legal fees for wrongful death suits and other such matters.

Good luck. Please don't forget to press the green ACCEPT button if you have found this information useful. Thanks.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86376
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 8 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Reply to Theo's Post: not legal to record or for them to damage my sister's property?
Customer: replied 5 years ago.
my sister is not in to hosiptal.
Expert:  Ely replied 5 years ago.
I don't know any such law, and even if the hospital has such a policy, it is illegal and they cannot hide behind it.
Customer: replied 5 years ago.
Reply to Theo's Post: What kind of lawyer to hire, is it going to cost alot?
Expert:  Ely replied 5 years ago.
You need to hire a civil attorney, and he/she shouldn't charge you anything upfront and they usually take 1/3 of any settlement/award.

You will have to pay a filing fee of anywhere from 100-300 however.

Good news is, if you win, you get the filing fees back.
Customer: replied 5 years ago.
Is it two law suits or one against the manger and hosiptal?
Expert:  Ely replied 5 years ago.
Two in one. There can be more than one defendant to a lawsuit.

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