I live in Colorado and received treatment from a doctor who is notorious for inadequate treatment and adding inaccurate information in patient records. In my experience, I found that more than one medical professional was willing to underestimate, inadequately treat or properly diagnose among various ethical/conduct violations.
One thing to consider is that physicians are required to follow certain predetermined guidelines set by insurance carriers. With healthcare the way it is, determining the medical necessity of certain procedures and treatments may keep many medical professionals feeling restricted and frustrated. Others are just plain unscrupulous and pretty much work for the insurance & pharmaceutical companies that offer large financial incentives to keep cost contained and prescriptions flowing. Doctors are human too.
For my own assurance, I do record. I use my own life experience to dictate what I do in certain situations. I think it is in my best interest to do so as ethically as I can. I personally am NOT going to battle these giants in any lawsuit, but my business attorney advised me that recordings without consent may be allowable in some instances. If the recorded evidence would be critical in proving the TYPE of wrongdoing that may be going on, it may be allowed. One of the first things an attorney might ask is if there is any proof, witness, recording, admissions, etc. One could be prosecuted based on the motivations of the recording, (i.e., to extort or violate privacy etc.) If it is clear to determine that the doctor?s treatment is criminal or in violation of a Code of Ethics/Conduct that they MUST legally adhere to, your recordings might help you. If this ends up in an actual court battle, a judge may have the final say on whether to allow the written transcript or the original recorded evidence. It is legal to journal and date any conversations between yourself and provider. It may be legal to write/type the transcripts from your recordings if you have any. It?s best not to tell anyone except a lawyer about the recordings. A knowledgeable attorney will advise you properly. If someone feels uncomfortable recording a doctor in secret, it is legal to ask the doctor for verbal consent to record the visit. If the doctor consents, it might lead to a better outcome and ethical treatment. Everyone has a legal right to personal medical records to see what is recorded in them. In Colorado they have 30 days to comply. What is in personal records follow a person for life and may influence future medical treatment and decisions. It is legal to ask for a photocopy of a personally signed request of personal medical records.
Since the goal is to get well and return to work, counsel may be needed if proper treatment and diagnosis is blatantly denied. When not working with an attorney, it is legal to personally request to see another provider from your health insurance provider or works compensation carrier. Failure to properly diagnose and treat is considered malpractice in Colorado. A medical malpractice attorney can determine if that is the issue over the phone for free in most instances. If this is a WC claim, it is a legal right to ask for an Independent Medical Exam. Having a WC attorney could be VERY helpful for this, since a request can be denied. In an effort to get well, teaching hospitals often offer various affordable treatment options. The University of Denver has teaching facilities. Doctors, Insurance carriers and lawyers have lawyers for protection. An attorney can give a free consultation on the matter. If this is still going it might help to post legal question like this on Avvo.com. Avvo attorneys will answer legal questions for free. It is legal to contact Dora.gov for any fraud or violations (keep in mind docs are very well protected). Your doctor WILL see a copy of any complaints written about them. You can check out the physician/physiatrist reviews on vitals.com or healthgrades.com as well. It might be a boost if you find out that you are not alone in your situation. I said a TON, but as I said I went through the very similar experience. Same doctor perhaps. It?s been a month since your post and I hope your situation has resolved in your favor by now.
Re: in colorado doctor and patient care recording
I live in Colorado and received treatment from a doctor who is notorious for inadequate treatment and adding inaccurate information in patient records. In my experience, I found that more than one medical professional was willing to underestimate, inadequately treat or properly diagnose among various ethical/conduct violations.
One thing to consider is that physicians are required to follow certain predetermined guidelines set by insurance carriers. With healthcare the way it is, determining the medical necessity of certain procedures and treatments may keep many medical professionals feeling restricted and frustrated. Others are just plain unscrupulous and pretty much work for the insurance & pharmaceutical companies that offer large financial incentives to keep cost contained and prescriptions flowing. Doctors are human too.
For my own assurance, I do record. I use my own life experience to dictate what I do in certain situations. I think it is in my best interest to do so as ethically as I can. I personally am NOT going to battle these giants in any lawsuit, but my business attorney advised me that recordings without consent may be allowable in some instances. If the recorded evidence would be critical in proving the TYPE of wrongdoing that may be going on, it may be allowed. One of the first things an attorney might ask is if there is any proof, witness, recording, admissions, etc. One could be prosecuted based on the motivations of the recording, (i.e., to extort or violate privacy etc.) If it is clear to determine that the doctor?s treatment is criminal or in violation of a Code of Ethics/Conduct that they MUST legally adhere to, your recordings might help you. If this ends up in an actual court battle, a judge may have the final say on whether to allow the written transcript or the original recorded evidence. It is legal to journal and date any conversations between yourself and provider. It may be legal to write/type the transcripts from your recordings if you have any. It?s best not to tell anyone except a lawyer about the recordings. A knowledgeable attorney will advise you properly. If someone feels uncomfortable recording a doctor in secret, it is legal to ask the doctor for verbal consent to record the visit. If the doctor consents, it might lead to a better outcome and ethical treatment. Everyone has a legal right to personal medical records to see what is recorded in them. In Colorado they have 30 days to comply. What is in personal records follow a person for life and may influence future medical treatment and decisions. It is legal to ask for a photocopy of a personally signed request of personal medical records.
Since the goal is to get well and return to work, counsel may be needed if proper treatment and diagnosis is blatantly denied. When not working with an attorney, it is legal to personally request to see another provider from your health insurance provider or works compensation carrier. Failure to properly diagnose and treat is considered malpractice in Colorado. A medical malpractice attorney can determine if that is the issue over the phone for free in most instances. If this is a WC claim, it is a legal right to ask for an Independent Medical Exam. Having a WC attorney could be VERY helpful for this, since a request can be denied. In an effort to get well, teaching hospitals often offer various affordable treatment options. The University of Denver has teaching facilities.
Doctors, Insurance carriers and lawyers have lawyers for protection. An attorney can give a free consultation on the matter. If this is still going it might help to post legal question like this on Avvo.com. Avvo attorneys will answer legal questions for free. It is legal to contact Dora.gov for any fraud or violations (keep in mind docs are very well protected). Your doctor WILL see a copy of any complaints written about them. You can check out the physician/physiatrist reviews on vitals.com or healthgrades.com as well. It might be a boost if you find out that you are not alone in your situation.
I said a TON, but as I said I went through the very similar experience. Same doctor perhaps. It?s been a month since your post and I hope your situation has resolved in your favor by now.
http://www.kevinmd.com/blog/2014/05/patients-secretly-record-doctor-visits.html
http://www.vegress.com/index.php/can-i-record-calls-in-my-state
http://www.diligentiagroup.com/legal-investigation/private-investigator-tips-is-it-legal-to-record-a-phone-call-or-conversation/