Q: Is this pediatricians encouraging parents to violate cp laws?
"Mink says pediatricians should ask parents to video-tape the episodes before performing invasive and often expensive tests that could be unnecessary."
Um.... Doesn't us code 2252 and 2251 prohibit people from recording their children engaging in these types of activities? The article is on the misdiagnosis of dystonic posturing that was actually masturbation.
A: If a pediatrician asked a parent to videotape a behavior for diagnostic purposes, I believe a court would find such recording an exception to any law prohibiting such. If the person doing the recording was my client, I would ensure it is delivered to the physician as soon as possible after recording and I would erase any trace of it on their devices. I also would advise against any transmission regardless of the perceived level of encryption.
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