I want to submit a recording that I took of a doctor, without his knowledge, to the Sate Medical board?

Asked over 3 years ago - Pleasanton, CA

What are the ramifications for doing this? I'm reporting the doctor for severe negligence that will leave me sick for the rest of my life and this tape backs up my claims.

Attorney answers (4)

  1. Christine C McCall


    Contributor Level 20


    Best Answer
    chosen by asker

    Answered . Covert audio taping of a private conversation in California can subject you to criminal prosecution as well as civil liability. Further, most courts and State licensing agencies will not admit "evidence" obtained in violation of California's statute prohibiting covert taping. You definitely ned to speak to a qualified and experienced lawyer before you take any action with respect to the tape you have made.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Elliot Rahmim Zarabi


    Contributor Level 18

    Answered . Have you contacted an attorney regarding this? Doctor's negligence is a serious thing. You could be reimbursed for all this.

    Legal disclaimer: This is just my opinion and not a comprehensive answer. You assume the risk because this answer... more
  3. Steven Mark Sweat


    Contributor Level 19

    Answered . Tape recording someone without their permission or knowledge is a misdemeanor in California.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  4. Chad David Engelhardt


    Contributor Level 7

    Answered . Under some State's laws, unconsented recording of conversations constitutes a crime. I am not a California attorney, but a simple Internet search seems to indicate that CA is such a 2 party consent state. You should seek the advice of a qualified medical malpractice attorney.

    Of course, this is not meant as legal advice nor does it establish any professional relationship.

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