The covert recording of medico-legal consultations

• Published in: Medico-legal journal Vol. 86; no. 4; pp. 202 - 207
• Main Authors: Gross, Michael J, Doyal, Len, Swash, Michael
• Format: Journal Article
• Language: English
• Published: London, England SAGE Publications 01.12.2018
• Subjects: Covert sound recording; patient and physician rights; court directions; consent
• ISSN: 0025-8172; 2042-1834
• DOI: 10.1177/0025817218783177

We describe our misgivings concerning the use of transcripts of covert recordings of medico-legal assessments made by claimants as evidence in actions for compensation for personal injury. These recordings raise issues of lack of trust between the claimant and the medical expert, leading to bias in the consultation that is hidden from the medical expert. In addition, there is a risk of widespread dissemination of the recording through social media to the detriment of the reputation of the medical expert, and likely interference with the probity of the court hearing. We argue that the claimant and the medical expert have equal rights to privacy within a medical or medico-legal consultation, and recordings should not be made without mutual agreement. Furthermore, the courts should rely only on the report of the medical expert since a recording of the consultation represents only part of the process of medical assessment. We argue that the current advice given by the General Medical Council on covert recording of medical or medico-legal consultations should be reconsidered by a panel of experienced medical and legal experts.