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Can Video Evidence Be Used in a Medical License Investigation?

Posted on in Healthcare License Defense IDFPR

Illinois license defense attorneyThere is no denying we have become a video-based society. What started out as “selfie” photos on Facebook about a decade ago has mushroomed into videos and reels on Instagram, TikTok, Snapchat, and multiple other social media platforms, to say nothing of ubiquitous security footage.

Not all of those videos are made with our knowledge. In fact, one major study found that the average person is caught on camera almost 240 times a week. And if you travel a lot or work at certain jobs, that number can reach up to a thousand times a week – with your likeness captured on traffic cameras, surveillance cameras, and even doorbell cameras.

All this video also means there is a higher chance that when a doctor has had a complaint filed against them with the Illinois Medical Board, the evidence of allegations may also include video.

Video Evidence in a Medical Complaint

Medical privacy laws were established to protect patients. No photographs, videos, or audio recordings can be taken in a medical facility unless they comply with federal and state laws.  

However, these laws do not apply or protect the medical professionals that care for the patients. Video evidence obtained by the Illinois Medical Board while conducting an investigation of wrongdoing by a doctor can be used. These videos can come from a number of sources, including:

  • A security camera at the medical facility (or location of the alleged wrongdoing) catching a doctor on video committing the alleged act

  • The patient or a family member of a patient using the camera in their phone to record alleged wrongdoing by a doctor

  • Dash-cam footage or police body cam footage of an arrest of a doctor

All of these examples can be used by the board to find that a doctor is guilty of committing some act or violation that results in the suspension of the doctor’s medical license. Just like in any legal case, your license defense attorney may be able to challenge the legitimacy of the videos being used against you.

Social Media Violation

There are also situations in which a doctor is fully aware of video evidence because he or she is the one who filmed it. HIPAA has specific rules about what medical professionals can and cannot post on social media regarding their work and patients. Violating these rules can result in serious penalties, including license suspension.

Call an Illinois Professional License Defense Lawyer

If the Illinois Medical Board has notified you that a patient or some other party has filed a complaint against you, do not delay in contacting a Chicago medical license defense attorney for legal assistance. Call Williams & Nickl, LLC at 312-335-9470 to schedule a free and confidential consultation.  


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