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I asked a simple question about recording an oral conversation in a hospital without consent of the nurse and nurse practioner.

Boca Raton, FL |

however in the question posed to the attorneys, I asked whether the nurse and nurse practioner would be allowed to call security and have the patient thrown out of the Emergency Room without ever being evaluated? Wouldn't the hospital security have to prove someone actually did in fact record? Wouldn't they have to contact the local police and file a complaint rather than merely escort the patient out of the hospital without ever been seen by a doctor? If the patient said he/she overdosed on a drug such as Xanax, wouldn't the hospital assume liability by throwing the patient out without being seen by a medical doctor?

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Filed under: Medical malpractice
Attorney answers 2


My answer is that a physician's duty is to provide medical care to a patient. A patient has a reciprocal duty to cooperate and to be in good faith. Should a physician suspect that a patient is in any way non cooperative, in bad faith, or injecting irrelevant barriers to the doctor patient relationship, the physician has no duty to provide treatment and unless there is a life or death emergency, may refuse treatment.

This answer is based on the limited facts presented. The only way to obtain a more detailed point by point analysis of your issues is to obtain a legal consultation.

I truly wish you the best.

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You ask several good questions. I would be happy to try to answer them for you on the phone. Give my office a call at 561-266-9191m

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