Thomas A. Moore and Matthew Gaier Discovery of Surveillance Video in Medical Malpractice Actions
In personal injury and medical malpractice actions in which plaintiffs have alleged they sustained injuries that have impaired their abilities to engage in their normal activities, it is not uncommon for the defendants to hire investigators to surveille and make video recordings of the plaintiff that may appear to refute, or confirm, the nature and degree of the impairment.
July 31, 2023 at 09:09 AM
15 minute read
Medical Malpractice
In personal injury and medical malpractice actions in which plaintiffs have alleged they sustained injuries that have impaired their abilities to engage in their normal activities, it is not uncommon for the defendants to hire investigators to surveille and make video recordings of the plaintiff that may appear to refute, or confirm, the nature and degree of the impairment. Such actions are not without risk for a defendant sanctioning them, because the recording is fully discoverable by the plaintiff and can backfire on the defendant if it corroborates the plaintiff's claims. This column examines the development of the law addressing the discoverability of surveillance videos.
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