If you find "abnormalities", it can essentially be deemed as a failed physical. What we don't know, is to what extent he failed (surgery, or something minor)... but once the team doctor puts that stamp on the physical, the Astros are within their rights to decrease the already agreed upon offer. I don't know why they wouldn't try to get a second opinion... unless they have something to gain by going with the doctor that finds problems (as this potentially allows them to not only save money, but potentially get another player).
Luhnow had pre-draft "agreements" with Correa and Appel, which he honored. Luhnow also has to be concerned wrt his reputation. The next time when he contacts a potential first round draft pick to see what it would take to sign, the potential draftee has to trust Luhnow to keep his word. If the draftee does not trust Luhnow, his response would be "more than you can afford so do not draft me".
I think you are right as far as the reality of what "could" happen But I don't think Luhnow thinks that way, he always feels he is the smartest in the room (in my opinion), I don't think he cares much about his reputation. I think he "should", but I don't think he does
Which all points to them having very real concerns about the elbow. What is their motivation for not? Saving a couple mil?
If that's the case, they should probably listen to more than one doctor... especially since the agent who doesn't normally go public with stuff says there are other doctors who say there is nothing wrong.
I really hope this is it... but in the grand scheme of things, its a pretty risky way of going about it just to get a 21st round HS pick (that has high round talent, but is still an unknown) signed. Then again, this could all be just overblown by the media right now due to speculation, along with their agent trying to force a deal sooner rather than the 11th hour.
It seems that the whole HIPPA thing is muddying this up. Do we really know the Astros didn't get a second opinion? Of course the players' agent isn't going to say that because that weakens his position. Luhnow says he can't talk about the health of the player due to HIPPA regulations. All we know is the team is offering less money because the team doctor wouldn't sign off on the player's health, but we don't really know what that team doctor did as far as consulting his peers. Right now the agent and the player union president are the only ones talking to the press. Maybe that is a bad sign that the Astros don't really have a defense but I think there is also the possibility that they are being very careful with what they say publicly so they don't get themselves in a any real trouble (assuming they don't feel they've done anything shady already). I'll agree that when I read something like this it makes me immediately suspect the Astros of foul play, but honestly I think the Astros will be much more tight lipped about this whole thing than the agent regardless of whether or not they have done anything wrong.
Certainly the agent and player have more to gain by this leak getting out there in the open than the Astros. Gets the fans all riled up... makes the team look bad/shady... puts the player in position to get drafted again if a deal isn't signed this year. I doubt the Astros even wanted the failed physical leaked in the first place... that being said, standing behind HIPAA as a reason why they're not saying anything is a bit of a farce. They announce injuries, surgeries, and player's conditions on a daily basis regardless of HIPAA. It also opens them up to more scrutiny and medical second-guessing if they "announce" the injury.
They announce injuries, surgeries, and player's condition for players who are signed to contracts. There is language in the contract that understands that injury disclosure is required by MLB. Brady Aiken is not under contract with the Houston Astros, and are not legally allowed to disclose information from his medical exam.
This is a tough situation. If Aikins is physically that bad a doctor would not sign off, you might just cut your losses and wait till next year to re draft. but you do lose Nix, but he was rated a 2nd round talent. However it might be better to play hard ball and get Marshall as insurance who was rated a mid 1st round talent. But i am with the Astros on this. Either way, any high school talent wont be making an ML debut for 4 to 7 years.
sooo basically after 2 seasons of tanking the astros got mark appel (blows) and an unsigned pitcher. #awesome
But HIPAA only really applies between a doctor and a patient. The team knowing his condition, if he's not yet an employee, could technically be looked at like a violation. But it's not. And Aiken could let everybody know the pseudo injury diagnosis tomorrow, or give the Astros permission to do so, and it wouldn't be a HIPAA violation.
HIPPA is a very powerful law. The Astros are very smart to say nothing to the media. I do not know if he signed a HIPPA waiver when he was examined by the Astros doctor, and even if he did, I do not know if the language in the waiver covered a situation like this. The Astros need to say nothing and let it all work out behind the scenes.
HIPPA doesn't just apply to a doctor and patient... It applies to attorneys and the work force. I am an attorney and have to deal with the long arm of it all the time.
First of all, it's HIPAA not HIPPA. And yes, It protects the doctor pt relationship and anybody who is privy to the info and who has permission to view it. It also protects electronic health records from being accessed or hacked into (like the Astros system was hacked into). I'm sure the Astros have aikens consent to know his medical test results despite him not being an employee. Likewise, Aiken could announce his results tomorrow if he thought it would help his "case".
Sure, they are right to keep their mouths shut. What they're being "accused" of has far more serious ramifications than HIPAA violations.
<blockquote class="twitter-tweet" lang="en"><p>Georgia high school lefty Mac Marshall: "It all kind of depends on Brady (<a href="https://twitter.com/bradyaiken10">@bradyaiken10</a>) right now." <a href="http://t.co/WVcf5WIfoy">http://t.co/WVcf5WIfoy</a></p>— Mark Berman (@MarkBermanFox26) <a href="https://twitter.com/MarkBermanFox26/statuses/489192365685370880">July 15, 2014</a></blockquote> <script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script> "It all kind of depends on Brady right now," Marshall said in an interview with FOX 26 Sports.
So..... Basically what you said before is wrong... It isn't just between a doctor and patient.. Which is the point. Second, concerning the spelling... You can lecture autocorrect on the IPhone. Third, giving consent to the Astros to have access to his medical records and an IME does not give them consent to discuss the records in public unless the release specifically spells it out. This isn't the first time this has come up. The Bears would not discuss Brian Urlacher's medical issues at one point for the same reason. If Brady chooses to discuss the findings to the media, more power to him. Having said that, the Astros are wise to keep their mouth shut for the time being. I am sure their legal counsel advised them to do just that.
