A patient who claimed he had legal rights to record his consultation with a psychiatrist lost a Supreme Court of NSW case this month, with the judges saying a recording could undermine the doctor’s assessment and even harm the patient. 

The court case was unusual, involving a medicolegal assessment of the patient, who claimed his PTSD had been exacerbated by his wrongful arrest by NSW Police.  

An initial District Court of NSW judgement concluded the patient had “a right” to record the doctor. 

But NSW Police successfully appealed, with the Supreme Court declaring no such legal right existed.