Do I have a right to my surgery video?

UPDATED: Sep 30, 2022

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Do I have a right to my surgery video?

A doctor is refusing to provide the video taken for my arthrascopic surgery on my ankle. Do I have a right to this video? I know it exists, as I watched him view it on a follow-up visit.

Asked on August 15, 2016 under Malpractice Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, the video is the doctor's (or hospital's, etc.) property; they do not need to provide it to you unless and unit you file a lawsuit, the video is relevant to the lawsuit (e.g. it's a malpractice suit about your ankle) and in the course of that suit, you use proper legal process (e.g. a subpoena; a "document" production request [videos are "documents" for this purpose]) to get it. Only if legal process is correctly used must they provide it, so if you are thinking about suing, you have to sue *first* to be able to get the video; you can't review the video the decide whether to sue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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