Can I be coerced into being audio/videotaped as a prerequisite to receiving medical care?

A new general consent form at my doctor’s office requires me to consent to audio/videotaping of my care under the claim that the facility is part of a teaching environment. The form states that no recordings will be made without my knowledge but doesn’t let me opt-out, requiring consent up front. Doesn’t this violate the 4th Amendment? I am coerced into being recorded in a private setting with my doctor as a prerequisite to being seen. Can my data, test results be used for research “that may not be related to my health care”?

Asked on October 20, 2014 under Malpractice Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, it does not violate the 4th amendment: the 4th amendment only applies to government action, not that of private parties or businesses.

It's also not "coercion" as the law understands that term, since you have the right to go to a different doctor, who does not have this requirement; and there is no inherent right to have medical care from this doctor. He can put out any requirements for his care that he likes, and any patient or prospective patient is free to seek care elsewhere if they choose.


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