Tuesday, July 28, 2015

The Case of the Accidental Recording

A decision in late June by a Virginia jury represents a sad and stunning display of doctors behaving badly.

A Virginia lawyer went to a gastroenterologist for a colonoscopy. After chatting with anesthesiologist, Dr. Tiffany Ingham, he readied his smartphone to record the post-op directions so he wouldn’t miss anything. He then inadvertently struck the record option before the process started and recorded the whole colonoscopy.

On his drive home, he played the recording and was stunned by the crass dialogue about his body parts and a line of insults toward him specifically by Dr. Ingham.

The patient filed a lawsuit against the physicians and their practices for medical malpractice, defamation, and punitive damages, even though the procedure went well.

The defense suggested the recording itself was not legal, yet in Virginia only 1 party must consent to recording of a conversation. The recording was entered into evidence and showed that Dr. Ingham talked about the patient’s sexuality, threatened to punch him in the face during the procedure, wondered if he had a sexually transmitted disease, and called him a “wimp” and other names.  

Dr. Ingham was found liable and the patient received $500,000 in damages. She has since moved to Florida and continues to practice there.

Doctors should be reminded to always appropriately discuss their patients, particularly in today’s developing technology age. A few inappropriate words can be quite harmful.

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