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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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Work injury: went to IME in NY where it is legal to video/audio

Customer Question

Work injury: went to IME in NY where it is legal to video/audio record the exam. Doctor immediately asked me to sign a one sentence paper indicating that I did not have a tape recorder on me. Given that it is my right under law to record, did he break the law by asking me to sign? I did sign and secretly audio recorded the exam. Did I break any laws by signing and recording? Can I use the recording in a court of law? I think the insurance company is going to bring this up to try and say I lied about the recording by signing and indicating I was not recording. Please tell me your opinion on this. Thanks
Jeff
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Sam replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regardI suggest that the doctor did not break any laws with the policy to ask if you were recording or having you sign the document stating you were not.However, I also suggest, that it is not a statement you made under the "penalties of perjury" and so a court will not use that against you except perhaps in someway that may measure your character. But likewise, the court can also use it to measure the character of the physician for asking patients to sign a document that is intimidating and hinders their rights as an individual. I suggest, whether a hidden recording is admissible in court centers on a couple of factors. First, if the doctor admitted fault for a medical outcome on the tape. Secondly, you will need to prove the recording has not been manipulated.Under the NY law it is legal for you to record a conversation that you are a party to, as you noted See Article 250 NY Penal Code I suggest that you will not be penalized or punished for this taping. Though, a court can decide whether to allow it to be admitted as evidence or not.
Expert:  Sam replied 1 year ago.
I cannot locate the particular case in which the Ohio Court of Appeals ruled on this issue, but this LINK to the article may be of interest to you
Expert:  Sam replied 1 year ago.
HERE is the link to the Ohio case
Expert:  Sam replied 1 year ago.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you