For some unknown reason I find this story highly satisfying. I'm due for a scope. Maybe I'll hide my phone and see what the gastroenterologist has to say.
A Virginia man accidentally left his phone recording while undergoing anesthesia for a colonoscopy. The audio captured medical staff insulting him, telling an assistant to lie to him, and discussing adding a false hemorrhoid diagnosis to his medical records. In 2015, a jury awarded him $500,000 in damages.
The patient, referred to in court documents as “D.B.,” underwent a colonoscopy in Reston, Virginia, in April 2013. Before receiving anesthesia, he activated his phone’s audio recorder to capture the post-procedure instructions. The device remained in his clothing beneath the operating table, unintentionally recording everything that happened during the procedure.
While listening to the recording on his way home, he discovered that anesthesiologist Dr. Tiffany Ingham had repeatedly mocked him while he was unconscious. She ridiculed his fear of needles, made insulting remarks about a rash he had mentioned, and said she had wanted to punch him following their conversation before the procedure.
The audio also revealed medical staff discussing ways to avoid interacting with him afterward. An assistant was told to falsely claim that the doctor had already spoken to him and that he simply couldn’t remember. Ingham was also heard discussing adding hemorrhoids to his medical records, despite no evidence of the condition being found.
The patient subsequently filed a lawsuit alleging defamation and medical malpractice. Following a three-day trial, a Fairfax County jury awarded him $500,000: $100,000 for defamation, $200,000 for medical malpractice, and $200,000 in punitive damages.
One juror later remarked that the defense had little room to dispute the allegations because the entire conversation had been captured on the recording.