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Power is always in the hands of the masses of men. What oppresses the masses is their own ignorance, their own short-sighted selfishness.
- Henry George

Would that not be the medical facility who is @ fault?

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Lawers guessing easier to extract funds from ESPN than Jackson Hospital.

America ! pay me for being an idiot and telling the world about it!

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"That's what the internet is for. Slandering others anonymously." Banky
“Been that way since one monkey looked at the sun and told the other monkey ‘He said for you to give me your fuckin’ share.’”

Probably right BF.. Gotta assume Shefter paid some part timer to copy files.

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Two hospital employees were already fired over this.

...but they got a signed football I am guessing!

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"That's what the internet is for. Slandering others anonymously." Banky
“Been that way since one monkey looked at the sun and told the other monkey ‘He said for you to give me your fuckin’ share.’”

Why would Adam Schefter give them a signed football?

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Hospital already settled

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Sex isn't dirty, sex isn't a crime. It's a loving act between two or more consenting adults.

-Hank Kingsley

A little more than just an amputated index finger.

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This is a HIPAA violation. Absolutely correct that the hospital workers were fired.

I wonder how Schefter or any of the asshole suits at ESPN would like their private medical records/charts broadcast on Twitter.

JPP is an idiot, but completely in the right here.

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I can't believe ESPN legal let that get out in the open in the first place.

I further can't believe that later on Schefter publicly admitted he shouldn't have done that.

Seems like it should take longer for the judge to put on their robe than it would to adjudicate this one.

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Power is always in the hands of the masses of men. What oppresses the masses is their own ignorance, their own short-sighted selfishness.
- Henry George

Reporters are not bound by HIPAA though.

JPP is going to lose this against Schefter and ESPN. JPP can go after the medical personnel and hospital though.

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You do not talk to me like that! I work too hard to deal with this stuff! I work too hard! I'm an important member of the CSFMB! I drive a Dodge Stratus!

Only in America can an idiot getting part of his blowed off with fireworks wind up being the aggrieved party .

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Proud member of the white guy grievance committee

It aint the six minutes. Its what happens in those six minutes.

Are you sure about this? I'm pretty sure it's breaking some kind of law or breaching something if you post someone's private medical records online without their consent.

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Fare you well, fare you well
I love you more than words can tell
Listen to the river sing sweet songs
To rock my soul

So you're suggesting that there's no legal avenue whatsoever available for compensation for distributing private records (in this case medical)?

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Power is always in the hands of the masses of men. What oppresses the masses is their own ignorance, their own short-sighted selfishness.
- Henry George

Yes. I'm sure.

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You do not talk to me like that! I work too hard to deal with this stuff! I work too hard! I'm an important member of the CSFMB! I drive a Dodge Stratus!

W-2's are OK to post too

Well, he can sue, and ESPN will likely settle with him to move forward, but he is highly unlikely to get a judgement against a reporter as a public figure on a matter that was easily in the concern of the public.

It's not a whole lot different with how Snowden can't ever enter this country again and has to hide in Russia while reporters who talked with and reported on what he said are able to go on.

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You do not talk to me like that! I work too hard to deal with this stuff! I work too hard! I'm an important member of the CSFMB! I drive a Dodge Stratus!

I think it is a whole lot different than that. For one, Glenn Greenwald wasn't living in the US or subject to any type of US law enforcement when he released those records.

_________________
Fare you well, fare you well
I love you more than words can tell
Listen to the river sing sweet songs
To rock my soul

I think I'm done with comparisons because pretty much every time is "Well, it's not exactly the same".

The bottom line is that reporters are not bound by HIPAA. In fact, most people aren't unless they have a qualifying relationship to the patient such as working at the hospital or being a person granted access to the records.

Just like if you retweeted Schefter, you aren't going to get a judgement against you.

Hipaa is designed to protect patient confidentiality with providers and others who are granted legal access to the information. It doesn't just mean "you can sue anyone who has your medical information". You go after the one who improperly released it.

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You do not talk to me like that! I work too hard to deal with this stuff! I work too hard! I'm an important member of the CSFMB! I drive a Dodge Stratus!

It's not even close to the same thing though. Schefter himself admits what he did was wrong. Greenwald said it's his proudest moment as a journalist. They literally couldn't have more opposite feelings about the thing you are saying is the same thing. To me, if even Schefter is saying he was wrong, I'm not going to argue it.

_________________
Fare you well, fare you well
I love you more than words can tell
Listen to the river sing sweet songs
To rock my soul

He's saying he didn't need to post the actual report. Mostly because it got two people(at least) fired.

He was just technically allowed to do it.

But, the ultimate point is that reporters are allowed to use improperly gained information without also being complicit in it.

If you want a different example, which I'm sure you'll say is nothing like it, it is how the Barry Bonds grand jury testimony got leaked. The reporter was not on the hook for that, though in extreme circumstances they can attempt to get them to say who did it. With this story, and pretty much anything HIPAA related, it is easily known who did it.

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You do not talk to me like that! I work too hard to deal with this stuff! I work too hard! I'm an important member of the CSFMB! I drive a Dodge Stratus!

That makes sense to me, I hope he does lose in court..The hospital and JPP have an agreement not the rest of the world.

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So if Nurse Arlington Heights Archie gives me a thumbdrive with a .pdf containing all the information regarding leash's emergency penectomy due to attack by rabid badger last October and I post it here or on my (non-existent) Twitter timeline for all the world to see, leash can only expect to seek and receive judicial recompense against Nurse Archie?

I don't know that I buy that. Surely there has to be some legal nuance allowing for something better than that.

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Power is always in the hands of the masses of men. What oppresses the masses is their own ignorance, their own short-sighted selfishness.
- Henry George

I worked in medical billing for a few years...so with my limited knowledge:

There is no case here. No ESPN employee signed any HIPAA documents. What did they violate? Looking at Deadpin's article...

"Because the Hospital disclosed the Chart to Schefter, he was prohibited from further disclosing it or any information therein without the expressed written consent of Plaintiff or Plaintiff’s legal representative, which consent was never sought or obtained."

That doesn't seem legally binding.

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Rick Hahn is the best GM in baseball.

"I am pretty sure its breaking some kind of law or breaching something...." Cant be more sure than that.....

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"That's what the internet is for. Slandering others anonymously." Banky
“Been that way since one monkey looked at the sun and told the other monkey ‘He said for you to give me your fuckin’ share.’”

I allowed my annoyance at the lack of common decency (and the fact that I haven't dealt with health insurance in 10 years) to overrule what I remembered of the HIPAA laws.

As far as the comeuppance of theoretical you or Schefter in this actual case, I guess I find the idea that one wouldn't think "what would happen if I were the one with the penectomy (blown off finger) and someone wanted to post my private medical chart on Twitter. How would I feel?"

Schefter showed a severe lack of journalistic integrity by doing this. I think the only true revenge would be a display of his medical chart for his mandatory ESPN surgery to remove his testicles.

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I think it's clear I don't have a ton of knowledge about medical lawsuits. Just sayin', like Don alluded to, if it's not illegal it should be.

_________________
Fare you well, fare you well
I love you more than words can tell
Listen to the river sing sweet songs
To rock my soul

Well, he can sue you, just like I could sue you for this post. He is very unlikely to win anything against you as long as you are willing to say who gave it to you. That person, and the hospital, would be the targets. Otherwise, JPP could sue anyone who retweeted it too or possibly even those who viewed it.

Not to mention that the medical staff is trained in HIPAA and likely has documentation that they are bound by it. This is probably true for cafeteria workers up to the CEO of the organization. I also believe that actual NFL employees also do this at least if they have access to medical records. This is what happens with colleges a lot who can't even disclose why players quit sometimes because of HIPAA.

Schefter is not bound by that just like you and me aren't.

There is a clear target he can go against and win against though. The person who leaked it and the employer are the ones ultimately responsible.

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You do not talk to me like that! I work too hard to deal with this stuff! I work too hard! I'm an important member of the CSFMB! I drive a Dodge Stratus!