this post was submitted on 25 Jul 2024
565 points (99.3% liked)

News

22876 readers
4239 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS
 

A Texas woman who was jailed and charged with murder after self-managing an abortion in 2022 can move forward with her lawsuit against the local sheriff and prosecutors over the case that drew national outrage before the charges were quickly dropped, a federal judge ruled Wednesday. 

U.S. District Judge Drew B. Tipton denied a motion by prosecutors and the sheriff to dismiss the lawsuit during a hearing in the border city of McAllen. Lizelle Gonzalez, who spent two nights in jail on the murder charges and is seeking $1 million in damages in the lawsuit, did not attend the hearing. 

Texas has one of the nation’s most restrictive abortion bans and outlaws the procedure with limited exceptions. Under Texas law, women seeking an abortion are exempt from criminal charges, however.

Starr County District Attorney Gocha Ramirez and other defendants have argued their positions provide them immunity from civil lawsuits. 

Rick Navarro, an attorney for the defense, argued that it was “at worst a negligence case” during the hearing. Ramirez has previously told The Associated Press that he “made a mistake” in bringing charges.

you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 28 points 1 month ago (3 children)

How does that not violate HIPPA? Do you have a source; out of curiosity?

There's some situations where say, a person may be hospitalized after a car-accident and also has prior warrants out for them (the police were already involved with the wreck and now know the 'wanted' person has gone to a certain hospital). So the police will leave paperwork in the patient's chart, asking for a "courtesy call" when the patient is about to be discharged, so that they can than be arrested. But it's technically not "mandatory" (oh, I was busy and forgot to call the detective!), but the system definitely makes it feel mandatory

But being tipped off about a patients' medical condition‽ So that they can be arrested afterward for said medical condition‽ I'm sorry, but how the actual fuck does that fly in any logical realm?

If true: the hospital should be held accountable for violation of HIPPA, which is a federal law. Fuck their state laws, that's not how it works

[–] [email protected] 19 points 1 month ago (1 children)

They are also under suit, for those reasons. Per the article

[–] [email protected] 5 points 1 month ago (1 children)

You're right though, I only read the summary and then commented from there. Having now read the full article, it seems that it's the "county" (that runs the hospital) listed in the lawsuit. Why not the hospital themselves? Or is that how the law works (as in, who is liable) when dealing with federal laws that were broken?

[–] [email protected] 2 points 1 month ago

Maybe it's a county-run hospital? I didn't know the answer to this one, I didn't do any further follow up

[–] [email protected] 3 points 1 month ago

thats a lot of questions im not qualified to answer, unfortunately

I didnt get any further than blind outrage at the situation and fantasies about fist-fighting the people at fault

[–] [email protected] 3 points 1 month ago* (last edited 1 month ago)

Yeah, the Health Insurance Portability and Accountability Act does not allow cops to access your medical records at all, unless they have a warrant. Even if they have a warrant, they can't add or remove anything. No one at the hospital is going to tip off police; we want people to seek care without being afraid of the consequences. If the cops were involved in a car accident, they'll have details from the vehicle registration. They'll follow up when the patient is out of the hospital.

TLDR the cops can't fuck with your medical records, and if the hospital released records illegally whoever did it is fukd.