February 25, 201610 yr Well, this one has entered gutterville in a flash. It's @BigVMan23 's fault....as usual.
February 25, 201610 yr I hope he wins a lot of money. Being a football player doesn't mean he gave up his right to privacy in all situations.
February 25, 201610 yr I hope he wins a lot of money. Being a football player doesn't mean he gave up his right to privacy in all situations. I concur, though I am still unclear on the ESPN/Schefter angle. The suit alleges he illegally obtained the documents; not necessarily him releasing it was illegal. In fairness the article is vague. Going after the hospital I get.
February 25, 201610 yr Author So, what if it turns out that Schefter paid someone to give up the info? What then?
February 25, 201610 yr So, what if it turns out that Schefter paid someone to give up the info? What then? Is that illegal? I didn't think it is but could be mistaken. I know TMZ pays for these type things.
February 25, 201610 yr So, what if it turns out that Schefter paid someone to give up the info? What then? The only person who should be in trouble for this is whoever leaked it from his medical records.
February 25, 201610 yr Author Is that illegal? I didn't think it is but could be mistaken. I know TMZ pays for these type things. Well, I know that insurance companies are held to a certain standard in that regard. But for a regular joe I don't know.
February 26, 201610 yr The only person who should be in trouble for this is whoever leaked it from his medical records. Couldnt he be charge with identity theft, having medical records of someone else without consent.
February 26, 201610 yr Couldnt he be charge with identity theft, having medical records of someone else without consent. He's not using them to pass himself off as JPP. Someone gave him the info and he reported it. Happens every day. HIPPA laws are for those who work in healthcare.
February 26, 201610 yr The decision of Giants defensive end Jason Pierre-Paul to file an invasion of privacy lawsuit against ESPN and Adam Schefter has sparked a debate regarding the merits of the case. The paperwork initiating the case has now been disclosed, and it appears that Pierre-Paul’s claims will have at least some traction. The civil complaint filed in a Florida state court in Miami (and posted by Deadspin) alleges that ESPN and Schefter violated Florida Statute 456.057 by disclosing the medical record obtained from the hospital where Pierre-Paul had a finger amputated. Specifically, Section 456.057(11) states that a third party who receives a patient’s medical record “is prohibited from further disclosing any information in the medical record without the expressed written consent of the patient or the patient’s legal representative.” Although the balance of Section 456.057(11) seems to suggest that the prohibition applies where the disclosure to a third party was made legally, a third party who obtained the medical record improperly arguably should not receive any sort of implied immunity to re-publish the document. The lawsuit also alleges invasion of privacy under what’s known as the “common law” (i.e., generally-accepted legal principles that apply independent of a statute, regulation, of other codified provision). Obviously, neither Schefter nor ESPN researched Florida law before publishing the medical record. And most of the armchair lawyers who commented on the matter focused only on the federal HIPAA law, which applies only to medical providers. But state law also applies, and Florida law potentially has two different approaches for Pierre-Paul to pursue. Which is all the more reason for a reporter to never publish a medical record without express written consent to do so. Pierre-Paul lawsuit cites specific Florida statute on medical records | ProFootballTalk
February 26, 201610 yr I concur, though I am still unclear on the ESPN/Schefter angle. The suit alleges he illegally obtained the documents; not necessarily him releasing it was illegal. In fairness the article is vague. Going after the hospital I get. I'm sure his attorney has some angle. We'll see I guess.
February 26, 201610 yr I really hope Schefter burns for this. Based on what @theguru posted above, I'm not sure how he doesn't.
February 26, 201610 yr I really hope Schefter burns for this. Based on what @theguru posted above, I'm not sure how he doesn't. And the author of that commentary/analysis is a lawyer.
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