Using Footage as Legal Evidence

M

mus

This isn't a filmmaking question, at all... But, since I'm not a member of any other forum...

I have footage of my daughter's birth (Master cinematography, if you ask me, but I digress)

We want the records of her entire stay at the hospital because they took her away from us for a few hours at a time for something they wouldn't allow us to be with her for. They told us they were administering antibiotics to her, but they wouldn't say what kind, and this doesn't make sense because, why wouldn't they allow the parents to be with her for that? One thing they told my wife was: "You don't need to worry about it."


We have footage during the birth where they remove some sort of vacuum tool and they told me to turn the camera off and to "not film this."

Could this have some relevance to whatever they took her away for, and could I use it in a legal battle to get the medical records?
 
Sounds freaky, I have no idea about childbirth really.

But you have some issues. Is it legal to film in a hospital? I suppose if you're filming someone who wants to be filmed ie your wife then it's all good.

It's certainly worth asking some medical experts about what was going on
 
MileCreations said:
Is it legal to film in a hospital?
Click to expand...

The doctor said it was fine.




MileCreations said:
It's certainly worth asking some medical experts about what was going on
Click to expand...

This is a legal issue. If I were to ask the hospital directly, they have 48 hours to give us the records. This is plenty of time for them to remove or change any information they want (It sounds sketchy, but if you knew this hospital, it isn't past them)

They flat out wouldn't tell us what was "wrong" with her or what they were doing.
 
The general rule to get video into evidence is for the person who shot it to give verbal evidence to verify where and when it was taken and to explain if there was any editing or lack thereof. Essentially, if you took the footage, it is submitted as part of your evidence. This is how police photographers introduce crime scene photos into evidence.

I hope this answers your question.
 
I meant show the video to another hospital or something and explain to them what was going on and find out if they consider it standard practice to do or if they can explain what happened.
 
As far as I know- and I don't have kids, but I've grown up in a medical family- giving a newborn antibiotics is fairly common if there's any suspicion that it might've contracted a form of sepsis. Is there any particular reason why you find this alarming?

I would actually recommend consulting a lawyer about this. I highly doubt that this issue would get as far as requiring video evidence to be examined in court, but it's worth noting to them that you have it. Are you looking to sue the hospital?
 
NickClapper said:
As far as I know- and I don't have kids, but I've grown up in a medical family- giving a newborn antibiotics is fairly common if there's any suspicion that it might've contracted a form of sepsis. Is there any particular reason why you find this alarming?

I would actually recommend consulting a lawyer about this. I highly doubt that this issue would get as far as requiring video evidence to be examined in court, but it's worth noting to them that you have it. Are you looking to sue the hospital?
Click to expand...

We just want the medical records without a two-day wait because we do not trust this hospital, and the doctor in particular. The reason we find it alarming is the fact they refused to give us the information when we asked why they were administering antibiotics in the first place (and why we weren't allowed in the room)

She has had a few health problems since, and we think it may be related
 
problem with your birth

Long time lurker, first time poster. I've benefited a lot from all of the discussion in this forum, but I now may be able to give something back. I am in medicine, but not in obstetrics. I do however have a good understanding of what is normal and what is not in childbirth, and will gladly try help you understand this situation if you want. I hope everything is OK, I get the feeling this is a bad situation. Feel free to PM me or email me directly at cwwrichardson (at) gmail.com and I will try to help.
 
If the doctor told you to turn the camera off, that is suspicion right there, to me at least. It's a free country and you can shoot something like that.
 
harmonica44 said:
If the doctor told you to turn the camera off, that is suspicion right there, to me at least.
Click to expand...

This is actually very common practice now. Think about it from the hospital's perspective, it's a liability issue and an unnecessary risk to allow folks to video record during any medical procedure. They have massive malpractice insurance in the event they get sued for anything (and people will sue for anything and you can't stop them) so hospitals and insurance companies want to minimize the risk of lawsuit.

I'm one of three siblings and for myself and my older sister, my parents videotaped our births. When it came time for my younger sister's birth they wanted to do the same thing, but the hospital had changed it's policy (this was over 20 years ago) to not allow video recording at all. Simply because people were getting litigious and it was an unnecessary risk. Luckily, our family doc was able to throw is weight around and let them film. But again, this is a common policy.

In another example of people doing things, not because it's harmful or suspicious, but because of our litigious society, I can give you from my day-job: massage therapy. Now, if you've ever been pregnant and want a massage in your first trimester, you've probably discovered that most places will simply refuse. And you will probably assume it's because massage is the most 'dangerous' at that time, right? Wrong. It's actually the safest time to massage a pregnant woman, but most businesses refuse because most miscarriages happen in the first trimester and they don't want to take the risk of liability, as most people in this situation will go into 'blame the last person who touched me' mode. See what I'm saying?

But I digress...

It's a free country and you can shoot something like that.
Click to expand...

Actually the way it works is more like, "It's a free country and you are free to go have your baby elsewhere if you don't like our policy."

Sorry to go off on another tangent but, at least in the US, the bill of rights is there as a guideline of what the government can and cannot do, not a rule-book for citizens. For example, if I own a newspaper and censor an article you wrote, it is not a violation of your first amendment rights. However the government cannot arrest you or silence you if you want to start your own newspaper and say the same things.
 
Dreadylocks said:
I'm one of three siblings and for myself and my older sister, my parents videotaped our births. When it came time for my younger sister's birth they wanted to do the same thing, but the hospital had changed it's policy (this was over 20 years ago) to not allow video recording at all. Simply because people were getting litigious and it was an unnecessary risk. Luckily, our family doc was able to throw is weight around and let them film. But again, this is a common policy.
Click to expand...

Keep in mind, they allowed me to film from the beginning until the moment they removed this tool. Then when they were done, I was allowed to record again
 
I will suggest you to find out
what the tool was,
when you can know the name,

you can google what the tool is used for,
and complications or mistakes during using of the tool,

I Think you should give your whole preference for the health
of the baby and mother,

are they all right,
their health alteration may tell
a little about,

google it if these effects are normal
(there are a lot articles for patient knowlege)

and concentrate on solutions
best of their health

AND YOU WILL GET
THEIR BEST HEALTH

Put All You Energy into their best Health

again if you know any other Doctor
that would be great,
A lot of doctors are very good
and will help you,

For clearing doubts
or any medical suggestions

Don't forget God is always with you,
When i am in such type of situation
i go to God say out everything in my heart,
Tell Him it's Your Responsibility
and find what other says miracles
But i know he really exists

if you don't believe,
go to this place (i mean website),
Shirdi Sai Baba

he says Leave all your troubles on
Me,
say out everything,
you want

Ask for 100 % Health for Both
and 0% Problem,

Don't just pray
Tell him
to give you,

As we were Telling our Parents in
childhood i want this

GOD BLESS YOU
 
You don't need footage to get your child's records - they should belong to you as of right. There should be some form of personal information law in your jurisdiction, so speak to a local lawyer about this.
 
Aspiring Mogul said:
You don't need footage to get your child's records - they should belong to you as of right. There should be some form of personal information law in your jurisdiction, so speak to a local lawyer about this.
Click to expand...

See above posts as to why I can't just ask for them
 
More than 48 hours have passed, so they have had the time to tamper with the evidence, as you said. But the legal procedure is to have an expert review the records, and, if they have been tampered with, the facts would not jibe with the tampered records.

In the end, the hospital has to give you the raw data as well as the processed information.
 
Dreadylocks said:
This is actually very common practice now. Think about it from the hospital's perspective, it's a liability issue and an unnecessary risk to allow folks to video record during any medical procedure. They have massive malpractice insurance in the event they get sued for anything (and people will sue for anything and you can't stop them) so hospitals and insurance companies want to minimize the risk of lawsuit.

I'm one of three siblings and for myself and my older sister, my parents videotaped our births. When it came time for my younger sister's birth they wanted to do the same thing, but the hospital had changed it's policy (this was over 20 years ago) to not allow video recording at all. Simply because people were getting litigious and it was an unnecessary risk. Luckily, our family doc was able to throw is weight around and let them film. But again, this is a common policy.

In another example of people doing things, not because it's harmful or suspicious, but because of our litigious society, I can give you from my day-job: massage therapy. Now, if you've ever been pregnant and want a massage in your first trimester, you've probably discovered that most places will simply refuse. And you will probably assume it's because massage is the most 'dangerous' at that time, right? Wrong. It's actually the safest time to massage a pregnant woman, but most businesses refuse because most miscarriages happen in the first trimester and they don't want to take the risk of liability, as most people in this situation will go into 'blame the last person who touched me' mode. See what I'm saying?

But I digress...



Actually the way it works is more like, "It's a free country and you are free to go have your baby elsewhere if you don't like our policy."

Sorry to go off on another tangent but, at least in the US, the bill of rights is there as a guideline of what the government can and cannot do, not a rule-book for citizens. For example, if I own a newspaper and censor an article you wrote, it is not a violation of your first amendment rights. However the government cannot arrest you or silence you if you want to start your own newspaper and say the same things.
Click to expand...

It's still legal to film it though, so I don't think the hospital has the right to tell you to not film something when it is legal to do so. If they don't have anything to hide, then don't hide it. I mean the police do not have a policy, that they are allowed to turn off the camera in their interrogation rooms, so why should a hospital be given that policy?
 
Last edited:
You must log in or register to reply here.
Back
Top