There has been a recent trend in the news over the past year, where patients undergoing some medical procedure recorded the procedure while it was being performed. At the time of the recording, the patient was unconscious. At first, these recordings were often accidental and were the result of someone accidentally triggering their phone’s audio recorder before being sedated. Some of these unintentional recordings caught egregious comments by medical staff that insulted the sedated patient’s race, ethnicity, or body. That sort of statement gives rise to questions regarding the quality of medical care being provided. Once these recordings received media attention, people began to intentionally surreptitiously record their medical procedures to make sure that they were being treated with dignity while they were sedated. Several questions arise from this conduct, mainly, is this a legal act in Mississippi, and is it a good idea?
In this blog post, I will provide an overview of the Mississippi law regarding surreptitious or secret recordings of conversations. But recordings aside, if you or a loved one was injured while receiving medical care, you will need to have experienced counsel help you attain your fair share of compensation for your injury, damages, and recovery. Barrett Law has the experience to help you—contact us now at (800) 707-9577.
Secret Recordings in Mississippi
Starting at the beginning, Mississippi law allows anyone to make a recording of a phone call or conversation as long as he or she has the consent of at least one party to the conversation. Mississippi Code sec. 41-29-531. That means that if you participate in a conversation, you can choose to record it.
The question of covert recording becomes more complicated when you are present for a conversation, as you would be while a medical procedure is being performed on you, but you are not “a party” to the conversation going on around you because you are sedated. The Mississippi courts have not yet tackled this issue, but it is not difficult to foresee what the arguments would be. A medical professional would claim that you had no right to record a conversation going on around you if you are not a party to the discussion; moreover, he or she would likely argue that a conversation going on while you are sedated has no relevance to the standard of care you received. An injured patient would probably argue that he or she was “a party” to the conversation, just as a person is a party to a conversation even though they choose not to say anything during the discussion. Further, the patient would likely argue that medical professionals’ demeaning words are indicative of their attitudes toward the patient and the standard of care due to him or her. These arguments will be heard by the courts eventually, and I anticipate that the courts will find in favor of patients’ rights.
What Should You Do If You or a Loved One Has Been Injured as a Result of Medical Malpractice?
Digital recordings of conversations occurring during your medical procedure may be a vital piece of evidence if you need to go to court to attain your fair share of compensation for your injuries. But this is a small part of any medical malpractice case. Proving negligence, hiring experts regarding your injuries, and dealing with the defendants’ attorneys are other essential tasks that only a veteran personal injury attorney can handle for you.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have been injured. Contact us now at (800) 707-9577.