Taped by a patient

chare · Jan 28, 2021

Is it legal? Possibly, as many states only require one party be aware that the conversation be aware it is being recorded.

If you are facing disciplinary action over this, you should seek legal advice. And, don't discuss this further with anyone.

Best wishes.

vintagegal, BSN, DNP, RN, NP · Jan 30, 2021

I always act as though I am being recorded. I watch what I say and what I do, because you never know what a patient will try to accuse you of.

TheMoonisMyLantern, ADN, LPN, RN · Jan 30, 2021

4 hours ago, vintagegal said:

I always act as though I am being recorded. I watch what I say and what I do, because you never know what a patient will try to accuse you of.

This is very good advice.

Sour Lemon · Jan 30, 2021

14 hours ago, vintagegal said:

I always act as though I am being recorded.

Same here. I've had to walk rough-talking coworkers out of patient rooms and tell them ..."Act like everything you say and do in there is being recorded, because maybe it is. Then think about how it might look on the evening news."

Emergent, RN · Jan 30, 2021

LOL, the word 'taped' is so 20th century. Even I don't use it anymore ?

JBMmom, MSN, NP · Jan 30, 2021

Hope it all works out for you. You never know who is watching and recording these days. Even if it's not legal, at will organizations can let you go for any reason they deem appropriate.

ms boogie, BSN, MSN · Jan 31, 2021

On 1/28/2021 at 4:35 AM, lauriepanther said:

OK Florida nurses, can patients tape us without us knowing? What do we do if admin is trying to fire us over a taped conversation???

Florida has what is known as a “two-party consent” law for wiretapping. Under Fla. Stat. ch. 934.03, it is illegal to intercept or record a “wire, oral, or electronic communication” unless all parties to the communication consent. This means, as a general rule, you cannot record a phone conversation without everyone’s consent, and doing so without consent can open you up to a civil lawsuit by the recorded party as well as possible criminal prosecution.

You as the RN needs to state, “I do not consent to being recorded”. Most states have this law. don't let patient railroad you. Forget about your hospitals patient satisfaction scores and stand up for yourself as a person.

ms boogie, BSN, MSN · Jan 31, 2021

Just now, ms boogie said:

Florida has what is known as a “two-party consent” law for wiretapping. Under Fla. Stat. ch. 934.03, it is illegal to intercept or record a “wire, oral, or electronic communication” unless all parties to the communication consent. This means, as a general rule, you cannot record a phone conversation without everyone’s consent, and doing so without consent can open you up to a civil lawsuit by the recorded party as well as possible criminal prosecution.

You as the RN needs to state, “I do not consent to being recorded”. Most states have this law. don't let patient railroad you. Forget about your hospitals patient satisfaction scores and stand up for yourself as a person.

If your administration is trying to fire you over a secretly taped converse leave!! According to federal wire tap laws whomever recorded you without your knowledge is the one in the wrong. Wow, tell your administrator go ahead and then sue them for all you can! They will not win if their is their reasons for firing you. Make sure you have them admit this In writing. You will hit the jackpot!!

CharleeFoxtrot, BSN, RN · Jan 31, 2021

On 1/29/2021 at 9:57 PM, vintagegal said:

I always act as though I am being recorded. I watch what I say and what I do, because you never know what a patient will try to accuse you of.

A wise mentor once told me two things. Number one, never say anything you don't want to repeat in court and number two, if it felt good saying it, it was probably a bad idea.

JBMmom, MSN, NP · Jan 31, 2021

18 hours ago, ms boogie said:

If your administration is trying to fire you over a secretly taped converse leave!! According to federal wire tap laws whomever recorded you without your knowledge is the one in the wrong. Wow, tell your administrator go ahead and then sue them for all you can! They will not win if their is their reasons for firing you. Make sure you have them admit this In writing. You will hit the jackpot!!

I'm not too legal savvy, but if you work for an at will employer, it's my understanding that they can let you go for any reason. Even if the nurse was taped without her knowledge, if an employer finds out about it, they can choose to terminate the employment. I would imagine that this tape was associated with a patient complaint, otherwise why would they have been recording, so it wouldn't necessarily be due to the tape alone. I know of people that have been let go because of patient complaints, even without any associated evidence.

MunoRN, RN · Feb 1, 2021

On 1/30/2021 at 6:17 PM, ms boogie said:

Florida has what is known as a “two-party consent” law for wiretapping. Under Fla. Stat. ch. 934.03, it is illegal to intercept or record a “wire, oral, or electronic communication” unless all parties to the communication consent. This means, as a general rule, you cannot record a phone conversation without everyone’s consent, and doing so without consent can open you up to a civil lawsuit by the recorded party as well as possible criminal prosecution.

You as the RN needs to state, “I do not consent to being recorded”. Most states have this law. don't let patient railroad you. Forget about your hospitals patient satisfaction scores and stand up for yourself as a person.

In 'two-party-consent' states, including Florida, an employer can't make audio recordings employee's conversations that are not work related unless both parties consent, but they can actually record audio of work related conversations.