Medical/legal pedes, have the protections of HIPAA been suspended for the scamdemic response? It was my understanding that it is illegal to even ask someone about their personal medical information.
You're viewing a single comment thread. View all comments, or full comment thread.
Comments (35)
sorted by:
I hear what you are saying and you are 100% correct. However, it is the civil suit aspect of it that employers and businesses try to avoid. In fact, the vast majority of cases are arbitrated and settled outside of the court room. If in the case a civil suit did go to trial, a new set of perils may be at stake. Discovery could reveal criminal activity, especially when it is clear that's what occurred. In the case the employer loses the case, now there's a real possibility that a criminal case could ensue.
True, but if it was you or me who was on the other side of that lawsuit (across from the corporation/employer), then we would not be under any obligation to settle. Maybe under pressure (psychological), yes, but not under any legal obligation. THAT is when you go balls to the walls -- when they are trying to keep you from going to trial.
And that is one the reasons you do NOT settle before trial (unless they capitulate to everything you want, and then some).
No matter the circumstances, you STILL have to get a prosecutor to do the criminal case. You and I are not "allowed" to do it. My understanding is that under early American law, ANYBODY could be a prosecutor and bring criminal charges. Today, they will shut that idea down in a heartbeat.
This is WHY my earlier statement was that we need to REPLACE prosectors who will not pursue criminal charges just because the prosecutor is corrupt.
We DO have THAT power.
Well, we'll just throw down decades of precedent and go with your theory. I've been there.