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In my state we can tape ourselves with another...I would be taping it, personally.
The sentence, "We would rather not get an attorney involved " is very powerful...
because you have said the word, 'attorney'...if they were thinking of offering a settlement ...it just got doubled.
Just sayin'.
In my state we can tape ourselves with another...I would be taping it, personally.
The sentence, "We would rather not get an attorney involved " is very powerful...
because you have said the word, 'attorney'...if they were thinking of offering a settlement ...it just got doubled.
Just sayin'.
I believe the law in GA is similar. From what I have been told, a recording of a conversation can be made, provided that at least one person who is involved in the conversation is aware that the recording is being made. So, I can walk into a room with 20 others and secretly record everything that is said. This does not apply to phone calls, obviously. Federal law prohibits secretly recording phone calls.
Check the laws in your state. If it is legal, it might not be a bad idea to record the meeting, without their knowledge. If you show up without an attorney, and do not mention any intent to file a lawsuit, the other participants in the meeting might let their guard down a bit. If they say something that they would not have said to your attorney, it would be nice to have it on tape.
By all means, phone a lawyer who specializes in medical malpractice. He will give you 15-20 minutes on the phone, no charge, and evaluate whether he thinks you have an actionable case. If he smells blood in the water, he might even accompany you to the conference, no charge up front.
At the same time, if he does not think you have a case, he will quickly say so, but might also give you some advice about how to approach the conference to protect your interests.
By the way, even if recording is illegal, you can still record. A lawyer once told me to go ahead and record it. It can't be used, as such, but a witness can be asked "Did you say (exact words)?" He will not want to perjure himself, if he thinks there is evidence that he did say that.
(It is never "illegal" to record, but a recording is usually not admissible as evidence, and it may be illegal to publicly disclose what has been recorded without the consent of the speakers.)
Whether you talk to an attorney or not, think about what YOU want out of the meeting. Are you hoping for an apology and concession that they did something wrong? Did your mother incur co-pays or other out-of-pocket expenses that you believe can be attributed to negligence? Do you anticipate any related expenses in the future? Whether you bring these things up or not, you and your husband should discuss them before hand to clarify to yourselves what you think would help your mother the most in this situation.
This does not apply to phone calls, obviously.
Federal law prohibits secretly recording phone calls.
Check the laws in your state..
Fed law prohibits recording ''other people's'' phone calls.
If you are talking to someone , it's fine...a friend used
a tape of a cop on the phone in court back in 1992.
The cop got upset and said out of turn..."That's not legal!!!"
The attorney asked, "Oh? Would like like to site the law that says it is NOT
legal to record your own conversation?" (In Colorado)....cop sat down...
I could bring a hidden recorder and keep it in my pocket taking to anyone.
Because it is my conversation....in CO anyway....just to describe how legal
that is.
I told a client to bring one to an 'independent' medical examiner, right,
he was being paid by the ins company!
He would not do the exam with the recorder...wow!
Said a lot!
(It is never "illegal" to record, but a recording is usually not admissible as evidence, and it may be illegal to publicly disclose what has been recorded without the consent of the speakers.)
Sometimes it IS illegal in Florida and orher "two-party consent" states. In fact, in FL it can be a felony to record without permission of all parties to the conversation.
For OP's meeting, if they're not going in with a lawyer, it's a good idea to take a recorder and get everyone on record as consenting to the recording. I can't imagine the hospital's representatives objecting to such a recording. If they do, it would look mighty suspicious to me.
It doesn't sound like you have litigious intent, but are genuinely concerned about the care provided. Rather than get an attorney involved at this point, I agree it is reasonable to just go and hear what they have to say. Thanks to HCAHPS, hospitals are taking patient / family complaints very seriously and I'd like to think the hospital may be motivated to hear what you have to say, and explain things from their perspective too. (Having said all that, if asked to sign anything I certainly wouldn't.)
I hope your mother is doing better.
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