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James Hiken's avatar

I’m a physician. You can’t see a disk bulge by looking at someone’s back. I’m sure they did an MRI and opinions on disk bulges vary when it’s a subtle finding. The decision to operate is also variable. Sounds like Smith didn’t like the Packers physicians’ approach - but that doesn’t make them wrong. In GB, the physicians are trusted and make decisions and opinions regardless of managements desire and views of a player’s value. Smith just is, and has always been, an angry guy who thinks the world is out to get him. You guys should know better than to treat a disgruntled player’s view of his medical journey as if it were gospel or even if sounds the least bit medically accurate - which this description most definitely does not.

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PJ's avatar
Dec 28Edited

So, apparently, there is a limit to the length of comments. Who knew?

I’m not saying that Smith’s account isn’t completely accurate, but it is very one-sided and legally, there are limitations on what teams and physicians can disclose publicly.

Here’s the nutshell: NFL teams are not covered by HIPAA but are still limited by the league and consent waivers in player contracts regarding what they can and cannot release regarding injuries, treatments, and playing probability.

The team physicians and third party physicians are covered by HIPAA.

However, malpractice insurance does not cover HIPAA, as that generally requires cyber insurance and typically covers cyber breaches and not voluntary disclosures of protected health information.

Given the penalties for teams and physicians exceeding the scope of what is covered in consent waivers, teams (and the league) generally release minimum, high-level information only in accordance with the player’s consent waiver.

So, the question for Z and the Packers is did Z or his agents consent to the Packers, their team physicians, or even the specialist he sought out in L.A. to disclose specific details about his injury or treatment? Because if not, Z can say whatever he wants (and again, it may all be true) and the Packers, their physicians, or third party physicians are prevented from addressing claims involving specific injuries, diagnoses, or treatments.

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