Legal Question in Constitutional Law in Georgia
Forced videotaping of medical procedure
I have been court ordered to be videotaped performing a medical procedure on a patient. The family of a patient wants a videotape produced showing the process of changing a wound dressing. The hospital agreed to allow photographs to be taken of the wound, but the family insists on videotape showing the nurses changing the dressing. Does this not violate my rights to privacy and not to be forced to incriminate myself?
1 Answer from Attorneys
Re: Forced videotaping of medical procedure
Not knowing the full story it is hard to give a good answer. However, generally speaking, you have not 5th amendment right to be free from self incrimination when you are not facing criminal charges. If you are facing criminal charges then you have "the right to take 5th."
As for your privacy concerns, it is doubtful that YOUR right to privacy is being violated. However, the patient whose dressing you are changing has some privacy concerns that are implicated. If the patient does not want to be filmed then the filming should not be done. However, if you have been ordered by the court to subject yourself to being filmed your better do it.
If you want more detailed answers give my office a call and I would be happy to provide them for a fee.