Legal Question in Medical Malpractice in Florida
medical malpractice
my surgeon said the reason for my surgery was the previous dr had taken off too much bone during a botched bunionectomy, but then refused to put it in writing, can I ask the surgeon about it and tape the conversation without their knowledge?
2 Answers from Attorneys
Re: medical malpractice
Tape recording a conversation as you describe would be a violation of section 934.03, Florida Statutes. It probably wouldn't help you in any subsequent malpractice trrial in any event. You have hit what lawyers call the conspiracy of silence. Doctors will say things to the patient, but when asked to "go on record" stay silent to protect their fellow doctors. It is a terrible shame and the Legislature, to top it all off, will continue to pass laws to protect doctors and hurt the victims of medical negligence.
Re: medical malpractice
Section 934.03 provides, in relevant part, that �any person who ... intentionally intercepts, [or] endeavors to intercept, ... any ... oral ... communication ... is guilty of a felony of the third degree.� The legislature defines intercept as �the aural or other acquisition of the contents of any ... oral communication through the use of any electronic, mechanical, or other device.� � 934.02(3), Fla. Stat
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