A Portsmouth couple walked into the police station this week with a complaint that raised not only questions an about alleged assault but also about your rights to record a medical appointment.
According to the report, the pair told officers they were at a local doctor’s office on November 19 for a Workers’ Compensation evaluation with a physician who was brought in from out of town. After being taken to an exam room, the woman said she began video recording the appointment so she would have a record of what was said.
She told police the doctor immediately objected, saying she was not allowed to record, then walked over and took the phone out of her hands. She said the action felt like an assault.
The couple showed officers the recording. While the audio isn’t entirely clear, police noted the doctor can be heard asking about the phone case as he reaches for it. The officer said the video does show the doctor taking the phone, but it does not appear malicious or intended to harm the woman. Instead, it appears he was attempting to stop the recording while asking questions about the device.
The couple said they contacted the state medical board to file a complaint and requested a police report for documentation. Officers explained that while the woman felt assaulted, the actions shown didn’t appear to rise to the level of a criminal assault. The incident was documented in the CAD system, and the couple said they planned to pick up the paperwork Monday.
What Are Your Rights When It Comes to Recording a Medical Visit?
(This incident raises an important question for anyone heading to a doctor’s appointment.)
** Ohio is a “one-party consent” state for audio recording.**
That means you are legally allowed to record a conversation that you yourself are part of, without notifying the other party.
BUT—medical offices can set their own policies.
Here’s what patients should know:
✅ You can legally record in Ohio…
As long as you are part of the conversation, state law allows it. Secretly recording isn’t a crime.
❌ …but the doctor or facility can tell you to stop.
A clinic or doctor can enforce a no-recording policy and may remove you from the practice for refusing to comply.
What they cannot do is use force to take your phone away.
🏥 Why many medical offices restrict recording:
- To protect the privacy of other patients
- To avoid accidental HIPAA violations
- To manage liability concerns
- Because the visit is being recorded separately in medical charts
📲 Best practice:
If you want to record your visit, say something like:
“Is it okay if I record the appointment so I can remember your instructions accurately?”
Most providers will agree—or offer alternatives, like written instructions.
If someone grabs your phone:
Even if no injury occurs, you can report the incident to police and the medical board, just as this couple did.
Officers will review the facts to determine whether it meets the legal definition of assault or simply a policy dispute.
