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In Texas, where Esther Easter lived, it's almost impossible to sue a doctor for malpractice. The maximum allowable awards are less than the cost of getting an attorney to take the case. However, Easter was able to shame her doctor by making sure her situation achieved national notoriety. For several weeks every disgusting detail her experience, which was considerably more than just what was recorded here, became front page and top line news.

As a result, if you take a recorder into your doctor's office, you are probably going to get a negative reaction. It could cause your doctor to close up and it almost certainly interfere with your treatment. Here's what to do instead:
Take a list of questions, and then take notes.
Doctors don't have a problem with their patients taking notes. Doctors know that you will forget most of what they tell you.Medical information is complex, and adding to the complexity is the fact that it's your medical information that is being discussed. They know that what you do remember is interpreted through your personal experience not their professional experience, which is a nicer way of saying, you'll get it wrong. Doctors feel plagued by the lack of follow-through on the part of their patients. They want you to do what they tell you to do so you can get well.
So why isn't it OK to have a recorder running during your office visit? For one thing, audio recordings can be altered. An attorney would almost certainly advise a physician not to allow patients to make recordings without the doctor's office making its own recording. Making a recording without asking permission is sure to set off alarm bells in any doctor's mind, even one you have known and trusted, and who has known and trusted you, for years.
READ What Can Patients Expect When Visiting a Naturopathic Doctor?
Making a recording with the doctor's permission isn't a whole lot better. Your doctor will spend at least as much time parsing words to make sure they sound OK as giving you medical advice. You don't want that. You want the medical advice you came to the doctor to get.
Or ask your doctor for a visit summary. Many doctor's offices write summaries and email them to you in one or two days. Sure, your doctor's staff will have had to adopted an EHR (electronic health record) system, but once they have, the reports come almost automatically. No medical release form is needed for you to receive you own online medical records.
Still determined to make a recording? Here's what your doctor will probably appreciate. Ask if you can record your doctor's parting recommendations, and don't turn on your recorder until (1) you have asked for and received permission from your doctor and (2) it's almost time to go. You'll both have the information you need, and you will have a smoother relationship with your health care provider.
- Ehrenclou M. Don’t secretly record your doctor. Do this instead. Kevin MD. 14 July 2016. Wang Y. Patient secretly recorded doctors as they operated on her. Should she be so distressed by what she heard? Washington Post. 7 April 2016.
- Photo courtesy of superturtle: www.flickr.com/photos/superturtle/184607010/
- Photo courtesy of jeffeaton: www.flickr.com/photos/jeffeaton/6586675253/
- Photo courtesy of jeffeaton: www.flickr.com/photos/jeffeaton/6586675253/
- www.kevinmd.com/blog/2016/07/dont-secretly-record-doctor-instead.html?utm_content=bufferf07b5&utm_medium=social&utm_source=facebook.com&utm_campaign=buffer
- www.washingtonpost.com/news/morning-mix/wp/2016/04/07/patient-hid-recorder-in-her-hair-as-surgeons-operated-on-her-their-words-left-her-deeply-distressed/
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