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Smartphone Records More than Patient Bargained For

A patient who went to his doctor for a colonoscopy wanted to make certain that he got the instructions his doctor would give after the surgery. So he activated the record function on his smartphone. The device ended up under him and what was recorded during the procedure, he got far more than he bargained for.

While the patient was unconscious the surgical team had made many disparaging remarks, joked about a rash on his body, and at times the team mocked him. One member of the team advised an assistant to lie to him, to avoid him after the procedure, and to put down a false diagnosis on his chart.

The patient rightfully sued the doctors for defamation and for medical malpractice and other related offenses. A Fairfax County jury sided with the patient and ordered the surgical team to pay him $500,000.

Patients have a right to expect not only a standard of care, but also to be treated in a professional, dignified and empathetic manner. Healthcare professionals should at least give the appearance of respect, care and concern for that patient’s wellbeing. The ridicule and demeaning of a patient should never happen, but as this and other cases have shown, even professionals can have a grave lapse in judgment.

Such callous treatment definitely falls under what is considered medical malpractice or medical negligence. The falsification of records or the intent to lie to that patient also demonstrates a lack of professional ethics and a failure to meet the standard of care.

The attorneys at Bottar Leone, PLLC, have decades of experience in the investigation and prosecution of medical malpractice cases in the State of New York. If you believe that you or a loved one has suffered as a result of medical malpractice, contact our offices today.

After a careful evaluation of your claim we can represent you in this highly specialized area of the law. Call us today in order to schedule a free initial consultation. You may contact us at our toll free number (888) 979-1689, or at (315) 313-6809, or reach us by email at