Update: Estate sends cease and desist to Murray / From Estate Of Michael Jackson, Re: Conrad Murray

The medical records were shown in open court. the whole aeg lawsuit was about mjs health and private business.if the family cared about mj they wouldnt have put all his private business out there by filing the suit. So please dont act like the family tried to kept mjs medical business private when the purpose of the lawsuit was the total opposite. its insulting to ppls inteligence to once again defend anyone but michael.
 
I may be naïve about lawsuits etc. When the trial started AEG said it was going to get messey. Panish was stated to be the best in the business did he not realise this before he took on the case. Surely the judge is to blame for allowing this to come out (medical records etc)
 
Does she really not understand the difference between such matters being discussed in court and Murray going on tabloid shows and to tabloid papers and disclosing medical information (whether real or made-up) of one of his patients with no other purpose than to make money? And does she really approve these actions by Murray while they are fighting for getting back his licence? It seems like Murray's lawyer is just as much of an idiot as Murray.
Yes, she seems really dim, don't fancy her chances against weitzman esp with her sleazeball of a client. It's ridiculous to suggest any judge or jury member could possibly equate a controlled release of medical docs in a trial setting to murray's salacious degrading gossip about incontinence, plastic noses, children's paternity to a tabloid for $$.

tygger said:
If they had true legal grounds, the estate would simply sue, not send a threatening letter.
A cease and desist letter is the first step in launching a lawsuit, it's more than a threatening letter, hence all the detail and the legal grounds being set out in it. The estate means business, as by making it public they would look really weak if they didn't act on it if murray carries on. I hope it stops murray in his tracks.

I'm liking that letter, that's how you protect a billion$ superstar, not by sending 'let's just ignore murray' statements to fans. I find it a bit weird that one day they say in a statement they not going to dignify murray with any response and will ignore him and the next day, send an open letter stating an intent to launch a potential lawsuit against him. Anyway most posters seem to think that either approach the estate takes is fabulous so that's ok.
 
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I find it a bit weird that one day they say in a statement they not going to dignify murray with any response and will ignore him and the next day, send an open letter stating an intent to launch a potential lawsuit against him

Maybe they were working on the cease and desist letter but didn´t want it to be known until it was ready.
 
^^

Some fans expect Estate to immediately shout from rooftops whenever something negative happens but they forget that Estate isn't an emotional individual but they are a business with lawyers. So they have no intention of getting into a war of words with Murray and if they do or plan to do anything legal they don't share it with the fans or comment on any pending legal matters. There's also multiple different groups within the Estate. The top level which is Branca and McClain, the lawyers etc that works directly with them such as Weitzman and the Online Team with the main job of communicating with the fan groups. Most probably Online Team got bombarded with the emails from the fans and sent out the initial statement to the fans. Estate top level (Branca and McClain) could have watched/read about Murray's interviews and then tell the lawyers (Weitzman)to see if anything can be done about it. Research, drafting and sending the letter can take several days - hence the reason for the letter to arrive later.
 
I see it is difficult for fans who have distaste for the family to accept the fact that the plaintiffs fought to keep Michael's medical records sealed however, they did. Nothing is going to change that fact. Nothing.

Bonnie Blue, agreed, however, this letter was made public when it was not necessary as there most likely will not be a lawsuit. This makes the letter a public threat and gives good press for the estate only. Anyone can easily go to the transcripts of these interviews and list any comment this killer doctor said that violated doctor-patient confidentiality and see for themselves if the doctor is indeed in violation.
 
ivy;3934107 "It's fairly obvious that this letter was written with the intent to release it to the public and intimidate Dr. Murray said:
when in fact the door to Michael Jackson's medical history was opened widely by the Jackson family during their wrongful death lawsuit against AEG Live,[/B]" she said Thursday.



Source: nydailynews

As expected, Wass does not know the difference between Dr. Muarry blabbing medical information/lies about his patient to gossip sites and violating a doctor-client privilege vs witnesses giving testimony in a trial. I guess she and Muarry deserve each other in terms of incompetence.
 
I see it is difficult for fans who have distaste for the family to accept the fact that the plaintiffs fought to keep Michael's medical records sealed however, they did. Nothing is going to change that fact. Nothing.

Tygger : I guess you can agree that Estate or Jacksons they only sought to keep the medical records under the protective order until the trial started. Short of a closed courtroom and an ongoing seal order - which no one ever asked for - there was no way to keep any of documents private. And all of the documents including the medical records would and did get public record during the trial.

So IMO everyone here is arguing semantics. At the end of the day a big chunk of the medical records become public during Murray criminal and AEG civil trial.
 
Re: Update: Estate sends cease and desist to Murray / From Estate Of Michael Jack...

Part 2.

How about we refocus our energy and making real change in the world. Ask yourself what is your legacy. Are you making that change? Bashing the jackson family and other fans is actually doing the opposite. You are contributing to the problems that Michael fought so hard to resolve. I say all this with LOVE.

Continued in Part 3.

The Jackson's have bashed themselves by showing their utter contempt, greed and jealousy toward their dead relative MJ and mistreating MJ's children.
 
Many fans are angry at the Estate for that humongous mistake they made in 2010. I haven't forgiven that either but some of you fail to appreciate and realize they have carried his legacy with more dignity AND RESPECT than any of the Jacksons (parents and siblings.)
 
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I find it a bit weird that one day they say in a statement they not going to dignify murray with any response and will ignore him and the next day, send an open letter stating an intent to launch a potential lawsuit against him. Anyway most posters seem to think that either approach the estate takes is fabulous so that's ok.

There is nothing weird about the estate letter. in fact if you read the letter you'll see that the estate did not address Murray's claims. in other words it was not a rebuttal of Murray interview. so in this regard, the estate did exactly what it said: i.e it won't bother responding to Murray claims.

all the letter did was to tell Murray to back off rightly without responding to his specific claims - there is simply no need for that.
 
I apologize if this sounds rude but what is the matter here? This is about Michael. Not the Jacksons and not Branca okay. We all can agree that Murray killed Michael. Murray needs to shut his mouth. He killed Michael and I will never forget that he killed Michael. At this point I don't care who tells him to shut up.

To this day I don't understand why Michael had to die and I don't think I ever will. So how I am going to understand that it's allowed or okay for his killer to go on tv or whatever and degrade and humiliate Michael. I don't care what he has to say or what he thinks he can say. What he is doing is wrong and he needs to be told that. He probably doesn't care but he needs to be told that. Nobody is going crazy on him. He is being told to just stop. If he had a soul or any morals he would stop.
 
ivy;3934380 said:
Tygger : I guess you can agree that Estate or Jacksons they only sought to keep the medical records under the protective order until the trial started. Short of a closed courtroom and an ongoing seal order - which no one ever asked for - there was no way to keep any of documents private. And all of the documents including the medical records would and did get public record during the trial.

So IMO everyone here is arguing semantics. At the end of the day a big chunk of the medical records become public during Murray criminal and AEG civil trial.

Ivy, it should not surprise you that I do not agree and this clearly is not a case of semantics.

Other posters have erroneously and confusingly referred to Randy writing a letter to the estate, Randy’s deposition, the civil trial’s purpose being Michael’s health, and the usual, “Jacksons are blameworthy for [insert here]” as examples of the plaintiffs wanting Michael’s records to be made public.

Randy’s letter referred to the estate trying to protect ALL of AEG’s documents through a seal which included Michael/AEG’s contract, Michael’s medical records, financials, and mostly AEG’s EMAILS.

Randy’s deposition did not include one mention of his brother’s medical records because he had no knowledge of them. He only spoke to his experiences with his brother.

Michael’s medical records would not have even become a part of the trial except AEG used the records the killer doctor retrieved for insurance purposes to portray Michael as a secretive addict as their defense to negligent hiring which is what the trial was truly about. The plaintiffs correctly conceded Michael had an issue.

Had the trial been televised as the plaintiffs wanted and the judge wanted to do the extra work necessary to keep those records sealed, they would have remained sealed despite the trial being televised.

None of these instances are remotely connected to Panish petitioning the judge to keep Michael’s medical records sealed. It is NOT semantics.

Ivy, I do agree with you that Michael's medical records did become public through both trials. This makes it fairly easy to see if this letter from the estate has actual weight or is simply a threat. Anyone can see for themselves if the killer doctor did indeed violate doctor-patient confidentiality or repeated (with embellishments) what was public knowledge.

I personally cannot speak to it as I only read the DM article and was utterly disgusted. I do not remember anything I would consider a violation however, I would have to review it again. I did not view or read the transcripts from the other two televised interviews.

Maybe someone can speak to how these interviews had an instance(s) that can be considered a violation(s). I personally would prefer legal action and not a threat being used for gain in the public arena.
 
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I don't know if the estate letter has legal grounds or is simply a threat, but what I do know is that it was morally the right thing to do, to remind people what an unethical and disgusting person CM is.
 
Tygger : I guess you can agree that Estate or Jacksons they only sought to keep the medical records under the protective order until the trial started. Short of a closed courtroom and an ongoing seal order - which no one ever asked for - there was no way to keep any of documents private. And all of the documents including the medical records would and did get public record during the trial.

So IMO everyone here is arguing semantics. At the end of the day a big chunk of the medical records become public during Murray criminal and AEG civil trial.

Addition to your post, "family" also fought hard the trial to be televised.
 
LastTear;3934446 said:
I don't know if the estate letter has legal grounds or is simply a threat, but what I do know is that it was morally the right thing to do, to remind people what an unethical and disgusting person CM is.

Patient’s Guide to HIPPA – Learning About HIPAA: Do Privacy Rights Survive Death?


FAQ 7: Do Privacy Rights Survive Death?

Not in the way that they did before. Until the rule changed in 2013, a patient’s privacy rights survived death and lasted forever. The 2013 change means that privacy protections remain in place for fifty years after the date of death. However, if a State has a law that provides for additional privacy protection, that law remains in force. Further, the professional responsibilities of health care providers may require that patient records receive longer protection.

After a patient dies, that patient’s legally authorized executor or administrator, or a person who is otherwise legally authorized to act on the behalf of the deceased patient or patient’s estate, can exercise the deceased patient’s privacy rights.

It is important to know that disclosures for treatment do not require consent or authorization of the patient or the patient’s representative. (For more on authorizations, see FAQs 62-64 ). That means, for example, if information about the deceased patient is relevant to the care of the surviving spouse, the information can be disclosed by a health care provider to the health care provider for the surviving spouse.

Privacy for the dead can be especially messy when questions arise in the period after death and before anyone is formally authorized to act for the patient or the patient’s estate. For many individuals, there may be no formal legal process following death. Another 2013 change helps here. It clarifies that a covered entity may disclose a decedent’s information to family members and others who were involved in the care or payment for care of the decedent prior to death, unless doing so is inconsistent with any prior expressed preference of the individual that is known to the covered entity. This gives health care providers and health plans the discretion to do what they consider to be the right thing for families of recently deceased patients.

http://www.worldprivacyforum.org/2013/09/hipaaguide7/
 
I copied this from other thread:
Conrad Murray to MJ Estate

IT'S YOUR FAULT
I'm Blabbing About MJ's Penis

Conrad Murray is pointing the finger back at Michael Jackson's Estate -- after it threatened to sue over stories he told about holding MJ's penis -- claiming the Estate was the first to open the can of worms that is MJ's medical secrets.

As we reported, the MJ Estate is threatening to sue Murray for blabbing to the media about the singer's sordid medical details -- including a story about holding Michael's penis every night. The Estate is claiming Murray has been violating the doctor-patient privilege by running his mouth in public.

But sources close to Murray tell us, he's not scared ... because once Katherine sued for wrongful death (and exposed a bunch of MJ's medical secrets at the trial) she compromised the doctor-patient privilege on her son's behalf.

Murray's team believes the information the Estate is trying to protect is, at least generally speaking, already out in the public ... exposed during the AEG wrongful death trial ... so he's not saying anything new (minus a few specifics).

Source: TMZ
---------------------------------

Most of what he has said in the interviews didn't come out in AEG trial, so he and Valerie are talking shite.
I assume that he can talk what came out in trial, which is MJ drug use, as it is a bit hard to deny as Michael's own "family" testified he was drug addict.

Btw, once again CM is putting blame of his actions on someone else.
He didn't kill MJ, Mj did it himself.
He couldn't say no to MJ when he asked propofol.
He wouldn't have been talking and giving interviews but AEG trial already brought up those things.
He seemingly sees everyone else is fault of everything his does. Narcissistic sociopath :angry:
 
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jen hutton heger @jenheger
30th November 2013 from TwitLonger

Conrad Murray & his "lawyer" are truly something else.....he chose NOT 2 testify at KJ's wrongful death lawsuit & didn't take stand at MJ death trial.....doctor & patient confidentiality doesn't lapse ever, EVEN when patient dies. What part of HIPPA doesn't Murray get? Oh yeah, this is person that still 2 this day doesn't see problem w/giving Propofol outside of a medical setting. He is a true disgrace 2 humanity.

jen hutton heger ?@jenheger 10h
@janesinsane yes & will be harder 4 Murray 2 get license back. MJ Estate WILL sue him. Don't want 2 mess Branca & Weitzman!
 
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Sorry excuse for a man. What may have been admissable to hear in court surely has nothing to do with giving out titillating details to earn money from a man you killed.
 
I apologize if this sounds rude but what is the matter here? This is about Michael. Not the Jacksons and not Branca okay. We all can agree that Murray killed Michael. Murray needs to shut his mouth. He killed Michael and I will never forget that he killed Michael. At this point I don't care who tells him to shut up.

To this day I don't understand why Michael had to die and I don't think I ever will. So how I am going to understand that it's allowed or okay for his killer to go on tv or whatever and degrade and humiliate Michael. I don't care what he has to say or what he thinks he can say. What he is doing is wrong and he needs to be told that. He probably doesn't care but he needs to be told that. Nobody is going crazy on him. He is being told to just stop. If he had a soul or any morals he would stop.
^^I like it.

Now the thing that Muarry does not get is that, if you are going to petition for your medical license back, you do not continue Wrong Medical Behavior/Regs/Practices. He goes and talks about his patient's medical information or lies about it in interviews and he and his lawyer still do not understand why this in wrong. This is just like him not adhering to at least 10 standards of medical care and still believing he did the right thing. Therefore, Muarry's own actions prior to Michael's death and after Michael's death will be the "death" of his practice and his ability to keep feeding the tabs with trash about Michael.

I am so grateful that Michael left non-family members to be his executors, because now we really see who is trying to protect his rights and the rights of his legacy now. Even fans are trying to protect Michael's legacy and we are not being paid for that job, which we do out of love. Any family member should do the same--try to protect Michael and his legacy regardless of being paid for it.
 
From a HHS Corrective Action Plan in a Resolution Agreement issued 6/13 for a medical center fined for having violated HIPAA when personnel gave interviews discussing a patient's medical history, even though the newspapers already had some of the information:


"The CEO and Privacy Officer....shall submit an affidavit....stating that they understand that (a) an individual’s personal health information ("PHI") is protected by Privacy Rule even if such information is already in the public domain or even though it has been disclosed by the individual; and (b) that disclosures of PHI in response to media inquiries are only permissible pursuant to a signed HIPAA authorization."
 
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krikzil good information^^. Everyone knows this except Muarry and his lawyer.
 
"This is brilliant. Kudos to the Estate legal team.
To say that the Jackson family could have stopped him from speaking about Michael in interviews/books is false. There is no law anywhere that would have allowed any family member to inhibit Murray's speech. We have a constitution in this country which reigns supreme. All laws must abide by all provisions of the constitution, and when a law is challenged, the Supreme Court has the final say in determining whether that law is constitutional or not. Among the First Amendment restrictions, "Congress shall pass no law... abridging the freedom of speech, or of the press;..".

While "family" couldn't legally stop CM talking, but they still could have come up with proper statement backed up with facts, and could have acted accordingly like an other family would do in the same situation. Secondly, making a public statement that all the money CM makes should go to feed CM's kids is a clear signal to CM that he has "Jackson "family" support to do and speak whatever comes to his mind.
They just made it too easy for CM to make money off Michael, but then again.....

The women in the Talk (and others who have spoken against CM) spoke their minds about CM and his actions, but they couldn't legally stop him either, but to publicly showing their dismay on CM's action is what counts.


Ivy, or someone who has legal knowledge of this sort of cases. If the estate sues CM, what kind of lawsuit it would be? Medical malpractice or something else?

I found this article relating to breach of doc-patient confidentiality:
What constitutes a breach of confidentiality?

A breach of confidentiality occurs when a patient’s private information is disclosed to a third party without his or her consent. There are limited exceptions to this, including disclosures to state health officials and court orders requiring medical records to be produced.

Patient confidentiality is protected under state law. If a patient’s private information is disclosed without authorization and an injury results, the patient could have a cause of action against the medical provider for malpractice, invasion of privacy, or related torts. Of course, if the patient consented to the disclosure, no breach occurred.

How long does doctor-patient confidentiality last?

The duty of confidentiality continues even after a patient has stopped seeing or being treated by the doctor. The duty even survives the death of a patient. That means if the patient passes away, his or her medical records and information are still protected by doctor-patient confidentiality.

- See more at: http://injury.findlaw.com/medical-m...ent-confidentiality.html#sthash.oVbIB8wL.dpuf
 
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While I know nothing would have stoped Murray from talking when he is out of jail, I would certainly have preferred the Jackson family especially Katherine Jackson as the guardian of Michaels three children to speak more openly out about how huge the danger is that whatever this man says can hurt the souls of three innocent children and that's why she should have asked for restitution, no matter if this would have stoped Murray... but just to tell this world: HEY HERE ARE THREE CHILDREN WHO HAVE NEVER DONE ANYTHING WRONG BUT ARE CONTINUED TO BE VICTIMS OF A GUY WHO IS A CONVICTED CRIMINAL and probably suffering from a severely mental disorder!!!
I am very satisfied the estate is at least trying to protect Michaels rights.
To protect the childrens rights now is the job of Katherine and TJ... and they are not really acting as far as I can see it... but who knows.

I see it's not easy. Murray is acting completely out of it. As good as some might think it is that ppl at least now notice what an air head this formerly doctor really is... I personally see how he is hurting Prince, Paris and Blanket ongoing.
Obviously whatever is tried to stop him is provoking him even more and starting even more sensationalism means making him even more attractive for the cheapest media to give him a platform... that's a devils circle.
So I don't know but maybe that's explaining the hesitation of the family... well that's the most positive I could imagine to not make them look as paralyzed fools?!
Something has to happen to protect Prince, Paris and Blanket NOW.
Whatever Murray is spying out as a result from his very very disturbed brain cells not working right... I'm sure nobody is really interested but someone has to stop a sick media profiting from a nutcase talking BECAUSE IT IS A DANGER TO HARM THREE INNOCENT CHILDREN.
Is there noone in the justice system who can be activated?
Is this again that there has to happen something first? there has to be harm done to someone before the justice system can act? Well then please look at Paris Jacksons hospital papers, I'm sure enough harm is already done through Murrays actions... again he is going on... that is not what justice towards those children should be about?!
I would expect some official childrens protection service to step in here also... a leg from a justice system protecting underage children.
I know there's a freedom of speech right but what is it about the right of underage children to grow up protected and unharmed, isn't that more valuable then the right of a nut case to talk no matter whatever sh** his sick mind is producing???
 
I give kudos to the Estate for their action here and find it curious some view it with suspicion -- at least they did actually do something. (I find EJ's "analysis" flawed on several points but I realize this isn't the thread for a restitution debate.).
 
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There is no excuse good enough to explain the lack out outrage and utter silence on the part of the Jackson family concerning CM’s conduct since his release from prison. Over the past four years none of them have expressed real condemnation toward the despicable low-life, rather they have minimized Murray’s role in Michael’s death and called him “Just the fall guy”. The victim impact statement they had their lawyer read during Murray’s sentencing was pitiful. It was a weak, emotionless waste of paper and it came from a family who lost a family member they claim to love. It’s amazing to me how Katherine can go on Oprah and talk about her son’s nose and her objection to him covering his children’s faces in public but she can’t be bothered to make a statement to the press that slams the killer of her child. LaToya’s on twitter talking about her parties and Randy who is famous for twitter rants is as quit as a church mouse. Legal standing or not the Jacksons silence speaks volumes to the press and to the public. WE DON’T CARE.
 
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One of the things that burn me with this family is the lack of outrage at Murray. I am still waiting to see if Katherine Jackson was willig to do Murray a favor so he would help her out. But we already know some of them have said they feel bad for Murray. More outrage at the ones with big pockets.
 
Michi about the children services --the only how they get involved is if someone makes a report that Muarry as the guardian of the children is causing them emotional/physical harm/abuse and as we know Muarry is not their guardian. If the court has to get involved the best way would be through a suit where there is evidence that Muarry caused some damage to the children and we don't have that evidence, so the best way right now is the way the estate is going.
 
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It appears many, if not most, here support the Estate's efforts, believing Murray violated HIPAA. I'm still unclear why you view it with suspicion, as some sort of toothless publicity stunt.
 
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