OT: JPP serious hand injury due to fireworks??

[XLIX]

As much as I enjoy seeing ESPN suffer, I'm not so sure JPP has a case. The media enjoys a lot of leeway in publishing things which are true, regardless of how it was obtained (keeping in mind we are not taking about national security).

The true party who is responsible is the hospital, and they have already settled.

 

[QuantumMechanic]

As much as I enjoy seeing ESPN suffer, I'm not so sure JPP has a case. The media enjoys a lot of leeway in publishing things which are true, regardless of how it was obtained (keeping in mind we are not taking about national security).

Yeah. The media is not bound by HIPPA. And presumably ESPN had no confidentiality agreement in place with JPP. So unless ESPN did some level of "convincing" with the hospital that rises to a tortious act (like bribing them to hand over the info) I don't see how JPP has a case against ESPN.

 

[XLIX]

Yeah. The media is not bound by HIPPA. And presumably ESPN had no confidentiality agreement in place with JPP. So unless ESPN did some level of "convincing" with the hospital that rises to a tortious act (like bribing them to hand over the info) I don't see how JPP has a case against ESPN.

Agreed. And to clarify my above post, if ESPN hacked into the hospital servers, then that certainly falls into your definition of tortious act for which they are liable. So I shouldn't have used quite as blanket of a statement as I did.

 

[Galeb]

Yeah. The media is not bound by HIPPA. And presumably ESPN had no confidentiality agreement in place with JPP. So unless ESPN did some level of "convincing" with the hospital that rises to a tortious act (like bribing them to hand over the info) I don't see how JPP has a case against ESPN.

As you said, the media is not subject to HIPPA. It sounds like the suit is citing Florida law, not HIPPA. I don't know crap about FL law, so I have no idea if they have a case.

 

[IcyPatriot]

http://deadspin.com/jason-pierre-paul-sues-adam-schefter-and-espn-for-tweet-1761170122

The suit alleges that Schefter violated Florida statute § 456.057, which basically says that a patient’s medical records cannot be given to or discussed with anybody not involved in their care. Most of the facts in the lawsuit are related to the culpability of the hospital, with just one paragraph alleging Schefter’s fault:

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.

Statutes & Constitution :View Statutes : Online Sunshine

 

[QuantumMechanic]

Interesting. Seems hard to imagine that law would survive a first amendment challenge, though.

 

[Deus Irae]

JPP's got no case. This is just him giving Schefter the finger.*






















* Too soon?

 

[XLIX]

http://deadspin.com/jason-pierre-paul-sues-adam-schefter-and-espn-for-tweet-1761170122


Statutes & Constitution :View Statutes : Online Sunshine

Florida obviously has jurisdiction over the hospital, but I'm not sure they would have jurisdiction over Schefter/ESPN in this case. JPP's legal filing literally says (paraphrasing) Florida has jurisdiction because ESPN operates (i.e. is shown on TV) in Florida.

Furthermore, the lawsuit alleges that Schefter would have been prohibited not only from publishing the photo, but also from even discussing the information he received. I just don't buy it.