Legal Question in Medical Malpractice in Pennsylvania

Hi, can cell phone records be used in court to support an allegation that the anesthesia provider was distracted during a case.

Asked on 4/23/11, 4:37 am

3 Answers from Attorneys


If the evidence is relevant to your claim, it may be used. There are certain rules of evidence that apply and a Judge does have the discretion to bar the evidence

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Answered on 4/23/11, 8:14 am
Arthur Newmark Arthur Newmark, M.D.. Esq

Your question suggests information discovered in the course of a lawsuit.

If this is the case, this is a matter for your attorney.

If not, you should contact an attorney if you believe you were injured by anesthesia related negligence. The use of this kind of evidence would be highly fact sensitive.

I am a doctor / lawyer and would be happy to discuss this matter with you if you

are not represented by an attorney.

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Answered on 4/23/11, 9:28 pm
Jerry Meyers Meyers Evans & Associates, LLC

You can in the context of a lawsuit obtain such information and learn whether and when, if at all, the anesthesiologist used his or her cell phone. Such information would be relevant and in my opinion clearly admissible if properly authenticated and if the period of talk time corresponded to an intraoperative period relevant to your having suffered some injury.

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Answered on 4/25/11, 10:15 am

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