Virginia is a one-party consent state, so you can record anybody without their knowledge or consent, provided at least one party to the conversation (usually the recorder) is aware.
Virginia Code § 19.2-62
Although the patient was in the room where the conversation took place, maybe this exception doesn't apply to this patient, since he wasn't actually part of the conversation.
Of course he did it on purpose.
One place I work, the patient's clothes and other belongings get put in a plastic bag that goes under the gurney so they accompany the patient everywhere. Endoscopy patients stay on the gurney for their procedures.
These people sound like dinguses. dinguses with poor judgment. They deserve to be ridiculed and ostracized, but monetary damages? Seems kind of ridiculous, that someone can sue for hurt feelings ...
But I think he's got a case. Malpractice requires
- a duty to the patient
- deviation from standard of care
- an actual injury
- proximate cause, ie the injury was a direct result of the non-standard care
If you grant that he's suffered an actual emotional injury, all 4 are present. I guess some might quibble that "not making fun of your patient" isn't a standard of care, but I think that'd be an easy thing to sell to any jury. I think they'll either settle or he'll win in court.
Evidence rules aren't necessarily the same for criminal vs civil cases.
