A man from Virginia wanted to tape his colonoscopy procedure so he could record post-procedure instructions. When he listened to the tape, he heard disturbing comments about himself. Some of the doctors were mocking and insulting him in extremely inappropriate ways.
The patient sued for defamation, intentional and negligent infliction of emotional distress, violation of Virginia health codes, and medical malpractice. The Washington Post reported the jury awarded the man $100,000 for defamation and $200,000 for medical malpractice, as well as the $200,000 in punitive damages.
I recently went to the hospital for surgery and all I could think about was that the doctors and nurses would be laughing at my body and making rude comments. But recording a procedure is tricky: California law (where my procedure occurred) states that unauthorized recording is a violation. The hospital where I had my procedure handed me a pamphlet stating that I would have to get consent from everyone involved in my procedure if I intended to record it.
Each state has its own law. But it sure would be interesting to hear the conversation during surgery.
I wish people didn’t have to wonder what was being said about themselves during a stressful procedure.
This is disturbing