• Injured? Contact Us Injured? Contact Us
  • Text
  • E-mail
View Our Practice Areas

Recording leads to large judgment against anesthesiologist

Colorado residents may be aware of one-party consent, the legal requirement that only one person needs to be aware of the recording of a conversation in which they're involved. This issue contributed to the successful malpractice and defamation lawsuit against an anesthesiologist by a patient who inadvertently recorded the doctor during a colonoscopy in 2013. The $500,000 judgement in favor of the plaintiff hinged in part on the fact that the recording was deemed to be legal because Virginia, the state in which the medical procedure occurred, is a one-party consent state.

The recording occurred after the patient used his smartphone to record instructions given prior to the colonoscopy. Failing to stop the recording, the patient unknowingly allowed his phone to capture evidence of defamation and medical malpractice that occurred during the procedure. The doctor made two separate disparaging comments about the patient, which led to a $100,000 reward for defamation. The doctor was also recorded making comments about falsely diagnosing hemorrhoids. The diagnosis of hemorrhoids was included on the patient's chart after the procedure, netting an additional $200,000. The final portion of the award was for punitive damages.

Some instances of personal injury may be difficult to prove, including those in a medical setting involving surgery. Recordings of actual conditions or situations might provide strong evidence of those issues. However, it is crucial that such recordings be legally captured to avoid adverse legal consequences.

As this story demonstrates, recordings under the one-party consent law can help prove defamation or even workplace safety violations. In situations regarding workplace safety, it may be helpful to seek legal guidance related to collecting evidence about on-the-job problems.

No Comments

Leave a comment
Comment Information
  • American Bar Association
  • American Association for Justice
  • CTLA  Colorado | Trial Lawyers Association
  • Lead Counsel | LC | Rated | Lead Counsel Rated Attorney
  • Featured on The Law | Personal Injury

Call us at 303-952-0703 to schedule a free initial consultation.

Main Office
50 S. Steele St.
Suite 875
Denver, CO 80209

Map & Directions

By Appointment Only
121 S. Tejon St.
Suite 1107
Colorado Springs, CO 80903

Map & Directions

By Appointment Only
2 N. Cascade Ave.
Colorado Springs, CO 80903

Map & Directions

By Appointment Only
155 E. Boardwalk Dr.
Suite 400
Fort Collins, CO 80525

Map & Directions

By Appointment Only
1155 Kelly Johnson Blvd.
Suite 111
Colorado Springs, CO 80920

Map & Directions