Dearborn, MI asked in Health Care Law for Michigan

Q: In Michigan can I record a nurse or doc discussing my parent care if I told he/she I was recording this conversation?

In Michigan how do I protect my parent from any wrong doing in a hospital when I'm not being allow to see parent or be with him due to COVID19 epidemic which my parent is (-) at moment?

In michigan how do I properly audio record any conversation legally over phone or in person?

Can I audio record a Nurse or Doctor if I simply tell them I'm recording are conversation over a phone?

Does all parties have to consent to audio record?

What if the the other party said I don't consent can I still record if I told them I'm recording before a call with a Doctor or Nurse? Example If doctor or nurse saids I don't cons but I inform them I was recording. In this scenario If I determine wrong doing can I use this in court?

And what if same sanerio happen between Nurse or Doctor but they never consented or didn't consent at all to audio recording after I informed them I was recording?

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Estate Planning Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: In the current situation, health care facilities have great latitude to determine ways to best protect patients and staff. And in most cases, that starts with restricting visitors.

Is your parent able to communicate at the moment? If so, then it's them that would need to give or get consent to any recording of their health care. And even if your parent can communicate, if the health care facility says no visitors then that will still apply to you.

Now what if, God forbidden, your parent is unable to communicate at the moment? You will likely need to seek guardianship through your county probate court. Without a guardianship order, or a proper patient advocate designation, you are, legally, not in a position to say or do anything as far as your parent's care. Whatever the hospital has been allowing from you is essentially by grace at this point.

Last, recordings in general have far less value legally than what the average person believes. People often think real courts work like those court TV shows where someone just hits play on a tape recorder and the case is over. In real life, there is far more to it, and it's very possible for a recording to be deemed inadmissible as evidence - meaning a judge or jury may never get to hear it. And for the type of action you're contemplating - medical malpractice - the case would turn on expert witness testimony (e.g. a practicing doctor who reviews the medical file), not one what someone said on tape.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.