Would this product be legal to sell?

[mister_mister]

What is the name of your state? New Mexico

If someone willingly makes public certain information about their personal health care history, is it then legal to market and sell their health care history information as part of a product?

For example, if George Bush broke his big toe say in high school and told this to a journalist who then published the incident in a magazine article or online, is it legal for a third party to incorporate this publicized health care information into a product to sell? Perhaps the product in this example might be a medical bracelet with information about President Bush's breaking his big toe. Ouch!

 

[moburkes]

What is the name of your state? New Mexico

If someone willingly makes public certain information about their personal health care history, is it then legal to market and sell their health care history information as part of a product?

For example, if George Bush broke his big toe say in high school and told this to a journalist who then published the incident in a magazine article or online, is it legal for a third party to incorporate this publicized health care information into a product to sell? Perhaps the product in this example might be a medical bracelet with information about President Bush's breaking his big toe. Ouch!

I have no idea why a person would write on a medical bracelet that Pres. Bush broke his big toe, when the lifesavers of that person would need to know about HIS medical problems. I see this as being incredibly stupid and opens up the manufacturer and seller to huge liabilities should the person needing treatment not get it properly, due to the bracelet.

 

[mister_mister]

I have no idea why a person would write on a medical bracelet that Pres. Bush broke his big toe, when the lifesavers of that person would need to know about HIS medical problems.

The example of President Bush breaking his big toe is just that, an EXAMPLE.

I see this as being incredibly stupid and opens up the manufacturer and seller to huge liabilities should the person needing treatment not get it properly, due to the bracelet.

If the bracelet was clearly marked that it was for entertainment purposes only, and just contained simple information about the person (like name, date of birth, height, weight, when they broke their toe, etc), could the manufacture/seller still be liable for any legal repercussions?

At what point does this potential liability transfer to the persons providing the medical care?

 

[moburkes]

It doesn't. Still a stupid idea. I realize that it was just as example, but it was a stupid one.

 

[GulfBreeze]

need I say anymore......HIPAA

Without consent...its breaking the law

 

[mister_mister]

It doesn't.

But isn't it the responsibility of the persons providing medical care to determine if the bracelet is real? After all, ultimately they're the one's giving the actual medical care.

If your argument is that the product's medium of being a fake medical bracelet poses the legal quandary, would the same scenario be different if the product where instead say a t-shirt?

need I say anymore......HIPAA
Without consent...its breaking the law

yes, im familiar with HIPAA. but doesn't it matter that this person in the public eye willingly made their health care history publicly known?

if i keep with your same logic, you're saying that if there were a trivia game about presidents, and one of the questions was a true/false question about whether or not George Bush broke his big toe or not, that trivia card would be illegal? sounds strange.

 

[moburkes]

You're saying that, in a medical emergency, someone is supposed to spend the time figuring out whether or not a medical bracelet is REAL or not?

 

[GulfBreeze]

But isn't it the responsibility of the persons providing medical care to determine if the bracelet is real? After all, ultimately they're the one's giving the actual medical care.

If your argument is that the product's medium of being a fake medical bracelet poses the legal quandary, would the same scenario be different if the product where instead say a t-shirt?



yes, im familiar with HIPAA. but doesn't it matter that this person in the public eye willingly made their health care history publicly known?

if i keep with your same logic, you're saying that if there were a trivia game about presidents, and one of the questions was a true/false question about whether or not George Bush broke his big toe or not, that trivia card would be illegal? sounds strange.

no...the initial release is protected from being released. Public officials are harder to have their privacy protected, but the law says that we are entitled to do our best in keeping it private unless consent is given.

 

[mister_mister]

You're saying that, in a medical emergency, someone is supposed to spend the time figuring out whether or not a medical bracelet is REAL or not?

what if it was a t-shirt instead?

 

[mister_mister]

no...the initial release is protected from being released. Public officials are harder to have their privacy protected, but the law says that we are entitled to do our best in keeping it private unless consent is given.

so if consent is given, you could then legally create the t-shirt?

 

[GulfBreeze]

apparently there is a person (if you would call them that), that feels I must "clarify" my comments. What I meant was, if you were treated for a medical condition, its the requirement by law, that the place providing the care do its best and not release any info to anyone that is not in direct need of that info without consent from the person. If it is public knowledge, it would not be a violation. freedom of speech is protected. slander isn't. as long as the info was public, truth and didn't defame someone, then as far as I am understand the law, its legal. would they be entitled to any royalties? eg...say if it was someone famous...and you were making money off their name....don't know. but if i were treated for something and didn't release it to anyone, and later this info was found on the front page of the newspaper or bathroom wall at the local pub, I would be able to seek out who released it and have them fined and quite possibly a lawsuit.