Hospital to investigate leak of Jason Pierre-Paul’s medical information
The hospital treating Giants defensive end Jason Pierre-Paul has begun searching for the cause of a data breach, which allowed ESPN reporter Adam Schefter to share Pierre-Paul’s medical records on Twitter on Wednesday. The documents showed Pierre-Paul was scheduled for a right index finger amputation after a fireworks accident on the Fourth of July.
“Late Wednesday, media reports surfaced purportedly showing a Jackson Memorial Hospital patient’s protected health information, suggesting it was leaked by an employee,’’ Jackson Health System CEO Carlos Migoya told WPTZ.com. “An aggressive internal investigation looking into these allegations is underway. If these allegations prove to be true, I know the entire Jackson family will share my anguish.
“If we confirm Jackson employees or physicians violated a patient’s legal right to privacy, they will be held accountable, up to and including possible termination.’’
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Journalists and athletes were quick to criticize Schefter for releasing this information, questioning whether Schefter violated the Health Insurance Portability and Accountability Act (HIPAA), a 1996 law that protects medical records.
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Following the outcry, ESPN backed Schefter in a statement on Wednesday night: “HIPAA does not apply to news organizations.’’
If Schefter obtained the records with Pierre-Paul’s consent, then no one is at fault. If consent was not given, the blame falls not on Schefter but upon the hospital employee who leaked the information — hence Jackson Memorial Hospital’s aggressive search.
Still, Schefter’s choice to use the photo — rather than simply citing sources — has subjected him to ethical questions.
“Of course it’s news’’ that a prominent NFL player lost a finger in a fireworks accident, said Kelly McBride, a media ethics expert at the Poynter Institute and former ombudsman for ESPN. “But is posting medical records the best way to break that news? Even if you are operating super-fast, don’t you serve your audience better by gathering a little more context?’’
The violation could mean fines of $50,000 or more and potential imprisonment for the employee in question. Pierre-Paul can also sue the hospital for damages, claiming negligence. Pierre-Paul was unable to sign his long-term contract with the Giants worth $60 million, as the team pulled the offer in the days following the accident.
The pass-rusher reportedly fractured his thumb, which should heal in six weeks. He could return to the football field by Week 2 of preseason.
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