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JPP suing Shefty and ESPN....LWYRUP (1 Viewer)

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Footballguy
http://nypost.com/2016/02/24/jpp-sues-espn-adam-schefter-for-posting-his-medical-records/?utm_campaign=SocialFlow&utm_source=NYPFacebook&utm_medium=SocialFlow

Giants defensive end Jason Pierre-Paul is flagging ESPN and its reporter Adam Schefter for posting his private medical records online to millions of readers.

Pierre-Paul, 27, sued ESPN and Schefter in a Florida court Wednesday, citing a violation of his privacy.

The NFL player blew off a finger in a July 4 fireworks mishap and was treated at Jackson Memorial Hospital in Miami, according to his lawyers Mitchell Schuster and Kevin Fritz.

Schefter “improperly obtained” Pierre-Paul’s medical chart showing the defensive end had his right index finger amputated and posting the record on Twitter to nearly 4 million followers, the suit says.

 
Interested to see how this turns out. Schefter reporting it was one thing, but posting the medical records seems a little over the line, IMO.

 
I'm running out of likes quickly, keep up the good work gents. :thumbup:

We only get 10 a day, imagine how much worse only having 9 would be! :thumbdown:

 
If ESPN doesn't offer to settle, they'll lose me as a viewer.

Close out their offer with 

"A bird in the hand is worth two in the bush."

Then walk out.

 
I think JPP's big payday would be to include the hospital where he had surgery.    The ######## included his MRN as well.  I honestly can't believe that ESPN/Schefter hasn't tried to settle this issue already.  

ESPN

Hospital

Schefter

Also, the 65 year old that was also shown in the picture / twitter feed will get a nice payday as well. 

Hell the 2 surgeons could sue as well.    Paleo and Owens.   

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

 
SHIZNITTTT said:
I think JPP's big payday would be to include the hospital where he had surgery.    The ######## included his MRN as well.  I honestly can't believe that ESPN/Schefter hasn't tried to settle this issue already.  

ESPN

Hospital

Schefter

Also, the 65 year old that was also shown in the picture / twitter feed will get a nice payday as well. 

Hell the 2 surgeons could sue as well.    Paleo and Owens.   

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
Click to expand...
The hospital is the only one that had a duty of confidentiality to JPP that was breached (unless there is some proof that it was the surgeons who released his records and not the hospital).  Then he needs to establish what his damages are.  Does he think that if the story hadn't been published nobody would have noticed his missing digits or the fact that he wasn't able to play for months?  The team wouldn't have asked him what happened? Need to subtract a few $$$$$$$.

 
apalmer said:
The hospital is the only one that had a duty of confidentiality to JPP that was breached (unless there is some proof that it was the surgeons who released his records and not the hospital).  Then he needs to establish what his damages are.  Does he think that if the story hadn't been published nobody would have noticed his missing digits or the fact that he wasn't able to play for months?  The team wouldn't have asked him what happened? Need to subtract a few $$$$$$$.
Click to expand...
Good call.  It may be difficult to finger those responsible

 
SHIZNITTTT said:
I think JPP's big payday would be to include the hospital where he had surgery.    The ######## included his MRN as well.  I honestly can't believe that ESPN/Schefter hasn't tried to settle this issue already.  

ESPN

Hospital

Schefter

Also, the 65 year old that was also shown in the picture / twitter feed will get a nice payday as well. 

Hell the 2 surgeons could sue as well.    Paleo and Owens.   

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
Click to expand...
He already has had a case with the hospital, settled out of court (no amount disclosed I believe) and two hospital employees lost their jobs.

 
Like apalmer said above, the hospital was the only party that must adhere to HIPAA:

Reporters aren’t subject to HIPAA, and the Florida statute cited doesn’t really seem to apply to Schefter, only the hospital employees who sent him the photos. And public figures like Pierre-Paul—even the lawsuit acknowledges that “the amputation may have been of legitimate public concern”—rarely win invasion of privacy cases.
Click to expand...
Above from a Deadspin article.

 
apalmer said:
The hospital is the only one that had a duty of confidentiality to JPP that was breached (unless there is some proof that it was the surgeons who released his records and not the hospital).  Then he needs to establish what his damages are.  Does he think that if the story hadn't been published nobody would have noticed his missing digits or the fact that he wasn't able to play for months?  The team wouldn't have asked him what happened? Need to subtract a few $$$$$$$.
Click to expand...
I think the HIPAA laws were broken and that is why the Hospital has already settled the lawsuit.  Hospital also fired the 2 employees responsible according to the ariticle.  I would have loved to see the payout.  

The suit cites Florida statute 456.057(11), which says that third parties who obtain medical information are prohibited from further disclosing it without the written consent of the patient or a legal representative.    I think this is where JPP gets his large payday.  

Schefter was just in a hurry to break the story first without the hindsight of knowing that it could cost him his job, and his employeer a lot of money. 

 
Why do you think Florida laws apply to Schefter? He wasn't in Florida, doesn't live in Florida and Im assuming, didn't submit the tweet in Florida. 

 
SHIZNITTTT said:
I think the HIPAA laws were broken and that is why the Hospital has already settled the lawsuit.  Hospital also fired the 2 employees responsible according to the ariticle.  I would have loved to see the payout.  

The suit cites Florida statute 456.057(11), which says that third parties who obtain medical information are prohibited from further disclosing it without the written consent of the patient or a legal representative.    I think this is where JPP gets his large payday.  

Schefter was just in a hurry to break the story first without the hindsight of knowing that it could cost him his job, and his employeer a lot of money. 
Click to expand...
As often happens with media reporting on legal matters, that's not what that statute says.  At all.  Did you misquote the article?  Give me a hand here. 

 
I predict that this court case will be analogous to lighting a firecracker and not getting rid of it fast enough and having it blow up in your hand and having one or two fingers blasted off your hand leaving you with a mangled stump that you can hardly even tackle anybody with.  Just like that.

 
IvanKaramazov said:
I predict that this court case will be analogous to lighting a firecracker and not getting rid of it fast enough and having it blow up in your hand and having one or two fingers blasted off your hand leaving you with a mangled stump that you can hardly even tackle anybody with.  Just like that.
Click to expand...
I could see that happening

 
This is a slipper slope indeed.  If a nurse tech making 8 bucks an hour finds out that a celebrity is in the hospital and can take a few photos with their cell phone and sell them quick for money it is going to happen again.  Also, if  a reporter can publish any healthcare records/pictures with no ramifications what is to stop me?    Sure the hospital can be held liable, but that still doesn't protect the patient from having their medical information shared.  Will be very interesting to see how this plays out. 

 
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