26CornerBlitz Posted July 8, 2015 Posted July 8, 2015 @AdamSchefter Giants DE Jason Pierre-Paul finger amputated today. Medical source expects him to play this season, "sooner than people think." So Schefter could be arrested for tweeting that? Shouldn't it be the personnel who released the information to him?
Kelly the Dog Posted July 8, 2015 Posted July 8, 2015 @AdamSchefter Giants DE Jason Pierre-Paul finger amputated today. Medical source expects him to play this season, "sooner than people think." Shouldn't it be the personnel who released the information to him? Well that was my original question, if it's against the law for doctors shouldn't it be against the law for anyone, so the person who gave it to Schefter is one, and Schefter made it public so he is another.
KD in CA Posted July 8, 2015 Posted July 8, 2015 So Schefter could be arrested for tweeting that? That would be the silver lining in this story.
26CornerBlitz Posted July 8, 2015 Posted July 8, 2015 Well that was my original question, if it's against the law for doctors shouldn't it be against the law for anyone, so the person who gave it to Schefter is one, and Schefter made it public so he is another. You're likely correct, but that's just a guess since I do not know the intricacies of the law.
metzelaars_lives Posted July 8, 2015 Posted July 8, 2015 If Jerry Garcia could do it, Pierre-Paul will be just fine.
26CornerBlitz Posted July 8, 2015 Posted July 8, 2015 https://twitter.com/JoeYerdon/status/618924478941294593 @JoeYerdon If Schefter reports that without showing the photo, he's in the clear - right? It's that simple isn't it? @jrlind @JoeYerdon he's fine either way. he's not a covered entity under HIPPA
26CornerBlitz Posted July 8, 2015 Posted July 8, 2015 @JonTheBeerman @JoeYerdon @jrlind HIPPA does permit JPP to collect damages from the hospital if he can prove they (or a staffer) leaked this.
Kelly the Dog Posted July 8, 2015 Posted July 8, 2015 @JonTheBeerman @JoeYerdon @jrlind HIPPA does permit JPP to collect damages from the hospital if he can prove they (or a staffer) leaked this. It doesn't matter I just find this interesting. Hopefully someone who actually knows this stuff can chime in. I'm not exactly sure why if JPP can collect damages from the hospital if a staffer leaked this, that Schefter should be able to leak it himself if he or someone he knows got it from a staffer. It may fall under the fact JPP is a public figure but that doesn't seem right to me.
26CornerBlitz Posted July 9, 2015 Posted July 9, 2015 @ByTimGraham As someone who has obtained/reported medical records (Joe Mesi brain bleeds), I can state it is not illegal to receive or report them. (1/2) The illegality is from a medical professional or institution sharing personal records without consent. (2/2)
YoloinOhio Posted July 9, 2015 Posted July 9, 2015 (edited) It doesn't matter I just find this interesting. Hopefully someone who actually knows this stuff can chime in. I'm not exactly sure why if JPP can collect damages from the hospital if a staffer leaked this, that Schefter should be able to leak it himself if he or someone he knows got it from a staffer. It may fall under the fact JPP is a public figure but that doesn't seem right to me.the players signed away their rights to HIPAA protection in the last CBA, but my understanding was that only allowed release of medical info without their authorization to the NFL and teams/organization, NOT to media or outside entities. Edited July 9, 2015 by YoloinOhio
Kelly the Dog Posted July 9, 2015 Posted July 9, 2015 @ByTimGraham As someone who has obtained/reported medical records (Joe Mesi brain bleeds), I can state it is not illegal to receive or report them. (1/2) The illegality is from a medical professional or institution sharing personal records without consent. (2/2) That's kind of crazy, isn't it? That's like a two man robbery team, one takes money from the bank and runs outside and hands it to the other one, who is now not guilty. Just the first guy who stole the money is.
bbb Posted July 9, 2015 Posted July 9, 2015 So Schefter could be arrested for tweeting that? You could be arrested for this post.
Kelly the Dog Posted July 9, 2015 Posted July 9, 2015 You could be arrested for this post. Now so could you!!! Let's run for the border!!!!
bbb Posted July 9, 2015 Posted July 9, 2015 Now so could you!!! Let's run for the border!!!! Damn - I screwed up!
Kelly the Dog Posted July 9, 2015 Posted July 9, 2015 Lawsuit is likely... http://profootballtalk.nbcsports.com/2015/07/08/lawsuit-is-likely-for-release-of-pierre-pauls-medical-records/ "ESPN obtained — and published — a medical record regarding the amputation of Giants defensive end Jason Pierre-Paul’s right index finger. Per a source with knowledge of the situation, it’s likely that legal action will be taken against the person who leaked the document to ESPN. The investigation will begin with the hospital that generated the records. While some have cited HIPAA as the basis for a lawsuit against the hospital, HIPAA does not permit a private legal action for the violation of its terms. Instead, any claims against the hospital would be made under Florida privacy laws. Over the years, large verdicts have been awarded against health-care providers that released private patient information."
jimmy10 Posted July 9, 2015 Posted July 9, 2015 So Schefter could be arrested for tweeting that? That hospital is going to have the screws put to them, that's for sure. Also, a right index finger amputation would jive with what I saw in that nasty Twitter pic referenced upthread. The index finger looked like a chew toy that had been worked over.
Dorkington Posted July 9, 2015 Posted July 9, 2015 I think I just saw that gnarled hand picture... and I almost threw up in my sandwich.
jimmy10 Posted July 9, 2015 Posted July 9, 2015 (edited) It doesn't matter I just find this interesting. Hopefully someone who actually knows this stuff can chime in. I'm not exactly sure why if JPP can collect damages from the hospital if a staffer leaked this, that Schefter should be able to leak it himself if he or someone he knows got it from a staffer. It may fall under the fact JPP is a public figure but that doesn't seem right to me. I'm far from an expert, but I am pretty sure there are numerous examples where it is illegal for a person privy to protected information to leak it, but not illegal for recipients of the leak to pass it along. I think it can also apply to things like grand jury testimony. Edited July 9, 2015 by jimmy10
NoSaint Posted July 9, 2015 Posted July 9, 2015 (edited) It doesn't matter I just find this interesting. Hopefully someone who actually knows this stuff can chime in. I'm not exactly sure why if JPP can collect damages from the hospital if a staffer leaked this, that Schefter should be able to leak it himself if he or someone he knows got it from a staffer. It may fall under the fact JPP is a public figure but that doesn't seem right to me.I'd assume the duty is as a licensed medical professional you can't breach the trust, not that the info is sacredly protected, in how the laws are framed. If I find the paper sitting in the street I don't have a duty to shred it, and I won't get in trouble for showing friends(to take it a little extreme in example). A doctor with access on the other hand.... Edited July 9, 2015 by NoSaint
Kelly the Dog Posted July 9, 2015 Posted July 9, 2015 I'd assume the duty is as a licensed medical professional you can't breach the trust, not that the info is sacredly protected, in how the laws are framed. That is probably true. If the info is so sacred it's criminal to release it, however, it seems to me to probably be illegal for anyone. And I'm usually a guy who sides with the press and public right to know and most stuff like that.
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