Cory's Corner: Medical records are out-of-bounds
I was always wondering when the media would cross the line.
In the name of immediacy, clicks and ratings, ESPN’s Adam Schefter posted Jason Pierre-Paul’s medical records. And now Pierre-Paul is suing “Scheftie.”
Granted, Pierre-Paul had a serious fireworks accident July 4. Everyone was clamoring to know what happened to the 27-year-old defensive end because this past season he played with the Giants’ franchise tag on him.
Schefter then told the world what happened by posting Pierre-Paul’s medical chart on Twitter, which showed that his right index finger had been amputated.
“This action arises out of ESPN reporter Schefter’s blatant disregard for the private and confidential nature of plaintiff’s medical records, all so Schefter could show the world that he had ‘supporting proof’ of a surgical procedure,” re ads the law suit.
Normally I’m all for media access and giving the media freedom to do their job. But this is a cross between Magnum P.I. and James Bond. I don’t care if you’re a media member or a medical professional, you cannot disclose medical records to the public — ever.
I wouldn’t like it if it was reported that my uncle has liver disease and my parents were obsessive compulsives. That is sensitive information that is between the patient and the medical staff.
Even though what Schefter reported was true, it still isn’t right. If we cannot keep information about our own bodies to ourselves, then there’s no such thing as privacy.
Pierre-Paul said no to the reported $60 million deal the Giants offered before the July 4 incident. And after rumors spilled out about his mishap, the Giants quickly rescinded the offer two days later.
It didn’t take long after that for Schefter’s tweet broadcast to his over four million followers to cause a firestorm and put some understanding on what exactly happened on July 4.
There’s something to be said about being first, which Schefter has been numerous times. That’s why he carries two cell phones, is a contributor to several ESPN TV programs and does appearances on many radio shows across the nation.
But there isn’t an excuse for blatant disregard of a person’s privacy. I don’t care if that person is a well-known NFL player or not. He cut corners and sacrificed his ethics all for the good of a few retweets. But then again, this isn’t the first time that ESPN has sacrificed its journalistic integrity.
The only thing that really surprises me about this whole thing is why it took Pierre-Paul so long to sue him? Unless Schefter saw Pierre-Paul’s medical records in the spine of a National Geographic in a waiting room of Miami’s Jackson Memorial Hospital, then he really has no argument.
But it likely won’t matter. ESPN did the unthinkable and it’s only a matter of time before the four-letter does it again.
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Cory Jennerjohn is a graduate from UW-Oshkosh and has been in sports media for over 15 years. He was a co-host on "Clubhouse Live" and has also done various radio and TV work as well. He has written for newspapers, magazines and websites. He currently is a columnist for CHTV and also does various podcasts. He recently earned his Masters degree from the University of Iowa. He can be found on Twitter: @Coryjennerjohn
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Comments (18)
croatpackfan
February 27, 2016 at 06:54 am
I agree with your position regarding this issue, Cory. It is similar to what Rob Demovsky did when he questioned relationship between Olivia and Aaron. Of course, if something going wrong with somebody's profession work, there is the chance private life has/had influence on that. We knows that much. But claiming that there are the problems between couple is low level, and, by my opinion, under the line of good taste... ESPN doing that constantly, and that is why ESPN is considered as unreliable source...
Also, there is the reason why we some parts of our lives calling private!
Bearmeat
February 27, 2016 at 07:46 am
There's a way to stop crap like this from happening you know. Get rid of cable/satellite with BSPN and others like it on the bill. Stop going to the website.
ESPN has had to lay off hundreds of people in the past year because their ratings keep falling. I think it's because of crap like this. I don't wish unemployment on anyone - but I'm happy to see that ESPN (the network itself) is going through some lean years. They're way too big for their britches.
jeremyjjbrown
February 27, 2016 at 11:33 am
I personally hope to see BSPN in a tailspin as well, they hijack stuff like Monday Night Football that used to be on network tv and force viewers to pay for whole packages of channels they don't use just to watch football.
One thing I don't get is how this is different than some hacker posting private info they stole to some web site. Adam Schefter and ESPN should be facing criminal charges in the same manner. What's effectively the difference?
Bearmeat
February 27, 2016 at 04:08 pm
The difference is money. People with money (and lawyers) get away with crap that most cant. Either because they know the loopholes in the law or because they can grease the right palms to keep themselves out of trouble.
That's close enough to politics for me on CHTV though. I actually enjoy coming here. Want to keep it that way.
Koostyroosty
February 27, 2016 at 09:37 am
whoever provided the medical information to Schefter, and Schefter himself, have violated the privacy provisions of the federal HIPAA regulations. In short, the privacy of our medical records is assured through this law. I would think that Pierre-Paul has very solid legal ground to sue.
4thand1
February 27, 2016 at 10:17 am
JPP will be a very rich man, and it won't be because of what he does on the field. He will be able to flip off BSPN with his ring finger.
Since'61
February 27, 2016 at 01:28 pm
As a reporter Schefter is not bound by HIPAA. HIPAA applies to physicians, hospitals, care facilities and their employees. Schefter's actions be may be unethical but he has not violated HIPAA. The question revolves around how/why he gained access to the information. Thanks, Since '61
dobber
February 27, 2016 at 02:26 pm
That's the key: it's not Schefter who broke the law (although I think this makes him a legitimate ass), it's the healthcare professional who gave him the information.
TommyG
February 27, 2016 at 10:58 pm
If this were a criminal case we could concern ourself with HIPPA et al. This is a civil suit. JPP needs only prove damages. A sympathetic judge and jury needs only to find scheftie liable.
Thegreatreynoldo
February 28, 2016 at 01:45 am
JPP might have some difficulty proving damages. The fact that JPP's finger was amputated would have been readily apparent to many upon casual observation in due time, so the damages might have to do with the timing of the disclosure; the other possibility is to somehow find damages due to the violation of privacy, by the printing of a copy of his actual chart, or the negligent/intentional infliction of emotional harm.
HIPPA indeed does not in general provide a private cause of action, and applies only to covered entities and related business entities. It also preempts contrary state law. All these types of lawsuits are filed in state courts, some of which have allowed the HIPPA standards to form the basis for the standard that must be met by covered entities. FL statute 456.057 doesn't seem to extend to journalists. There seems little doubt that Shefter is not a covered entity, and assuming that he did not solicit the unlawful release of patient information, prior restraint cases are going to make it hard to hold him liable.
MarkinMadison
February 28, 2016 at 08:23 am
HIPAA has criminal penalties for certain violations, but it is primarily a civil statute. It applies primarily to health care providers.
WKUPackFan
February 28, 2016 at 06:31 am
JPP has already settled with the hospital. There is opinion out there (Florio for one) that thinks the specific Florida statute does apply.
To Cory's question, JPP waited this long to file suit because negotiations were ongoing with BSPN. Some of Schefty's statements are going to be awfully hard to defend.
TommyG
February 27, 2016 at 10:55 pm
Scheftie may very well be liable in this civil suit as well. The medical professionals who released the data are at fault, but no one is disputing that. However, scheftie released moved the data a long as well. Suppose any one of us should find a document laying on the street. Suppose that document contained names and corresponding socials. If we take that document and blast it out over the airwaves, we too would bear some amount of liability for that information. The doctors should in this case be sued as well. BSPN will no doubt be wrapped up in the defendants block. I'd expect them to cut ties with scheftie should the suit become large enough.
MarkinMadison
February 28, 2016 at 06:38 am
"Suppose any one of us should find a document laying on the street."
Then the subject of the document no longer has a reasonable expectation of privacy. No case.
TommyG
February 29, 2016 at 01:27 am
No criminal case anyway.
MarkinMadison
February 29, 2016 at 01:58 pm
No, no civil case.
Invasion of Privacy is commonly put into statutory form. The common formulation is "reasonable expectation of privacy." If Schefter hadn't put out the actual medical record itself I wouldn't give JPP's suit a snowball's chance in Atlanta (celebrity; easily observable injury; NFL puts out injury reports; freedom of press; etc.). Putting out the medical record itself, JPP has a case. How much its worth is probably why ESPN hasn't settled.
But stop with the criminal already.
J0hn Denver's Gavel
February 28, 2016 at 01:44 am
I hate ESPN, the worldwide leader in sports related drama. TMZ of the sports world.
ray nichkee
February 28, 2016 at 08:01 am
BSPN, i love it. I don't have to ask what the B stands for. In the middle of cleaning house of anybody controversial to be more disneylike this happens. I think the hospital is most at fault here. Who doesn't know sheftie? Unless he broke into the place or computer system i just don't think it is a big deal. He was doing his job, whether you agree with the morality or not.
It's not like he told the world he had aids or blew his genitals off. JPP proved by turning down a contract and blowing his hand up that he is an idiot. (with more money than me)
The media is obsessed with being the first to report things and then you have those damn attorneys just waiting like a shark sensing blood. I don't know what is worse.