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Prosecutors Can Examine Limbaugh Records
Yahoo/AP ^
Posted on 12/23/2003 7:42:00 AM PST by Hillary's Lovely Legs
WEST PALM BEACH, Fla. - Prosecutors can examine Rush Limbaugh's medical records to determine whether he should be charged with "doctor shopping" for prescription painkillers, a judge ruled on Tuesday.
Palm Beach Circuit Judge Jeffrey A. Winikoff denied the conservative commentator's request to keep the records sealed.
Limbaugh's attorneys had argued that the seizure of the records from doctors in Florida and California violated the radio host's privacy. Investigators obtained the records last month after discovering that Limbaugh received more than 2,000 painkillers, prescribed by four doctors, at a pharmacy near his $24 million Palm Beach mansion.
Doctor shopping refers to looking for a doctor willing to prescribe drugs illegally, or getting prescriptions for a single drug from more than one doctor at the same time.
The Palm Beach County State Attorney's Office began investigating Limbaugh last year, after his former maid told them she had been supplying him prescription painkillers for years.
Limbaugh recently admitted his addiction, stemming from severe back pain, and took a five-week leave from his afternoon radio show to enter a rehabilitation program.
TOPICS: News/Current Events
KEYWORDS: donttouchrush; dopedfuzzball; hipaa; junkie; limbaugh; lovablefuzzbal; lovablefuzzball; lyingfuzzball; medicalrecords; rush; rushisgod; rushlimbaugh
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To: Liberty Valance
In my state, at least, these records would be privileged.
Privileged means that the prosecution could not obtain them, even if they were relevant to the prosecution of the crime charged.
I have seen people quote the Florida Constitution as to the right of privacy. But what about doctor patient privilege? Is it created by statute? Or is it simply a common law privilege? Does it apply in criminal cases? Is there a recognized exception to the privilege that arguably applies here?
Are the briefs submitted in connection with the case available somewhere on line?
101
posted on
12/23/2003 8:50:28 AM PST
by
TheConservator
(Cogito ergo conservatus sum)
To: TheConservator
Rush starting his show discussing this; equating to Florida courts changing the rules for Gore/Bush recount. Bush issues a statement regarding this.
102
posted on
12/23/2003 9:09:52 AM PST
by
CedarDave
(Insted of using the new spel checkr, I'll just tpye as usal.)
Comment #103 Removed by Moderator
To: CedarDave
Filing an appeal, records will show not doctor shopping, but invasion of privacy. Confident will prevail on appeal.
104
posted on
12/23/2003 9:11:05 AM PST
by
CedarDave
(Insted of using the new spel checkr, I'll just tpye as usal.)
To: CedarDave
Judge allowing time for Rush to appeal (which they will do). State supposed to protect records; Rush says they will be leaked anyway.
105
posted on
12/23/2003 9:13:15 AM PST
by
CedarDave
(Insted of using the new spel checkr, I'll just tpye as usal.)
Comment #106 Removed by Moderator
To: CedarDave
Bush = Rush. My error.
107
posted on
12/23/2003 9:14:04 AM PST
by
CedarDave
(Insted of using the new spel checkr, I'll just tpye as usal.)
To: Catspaw
did Black or anyone else offer any testimony or evidence concerning the blackmail by Rush's former maid? This is the only thing I have seen about money and the maid:
He tried to kick his habit again at a New York hospital to no avail, she said, and piled up drug bills of $80,000.
In 2002, Wilma Cline said, a Palm Beach attorney showed up on her doorstep, gave her a check for $100,000 and made her sign a promissory note, but said the "loan" would never be collected. Four months later, in November, the attorney gave her a check for $100,000 and told her not to give Limbaugh any more pills.
The attorney also told her to hand over the computer retaining Limbaugh's e-mails, Wilma Cline said, but she took the hard drive from another computer and smashed it in front of him. Then the Clines sought legal help.
From this link
108
posted on
12/23/2003 9:15:06 AM PST
by
Howlin
(Bush has stolen two things which Democrats believe they own by right: the presidency & the future)
To: octobersky
Exactly! They are continuing their ceaseless efforts to silence a strong conservative voice! Well it would have been nice if he had not given them so much ammunition ...
To: Peach
I beg to disagree. If subpoenas are put out doctors have to answer them, just like anyone else. It happens all the time. It is not the same as a priest hearing confession.
To: CedarDave
Rush appropriately outraged that prosecutors are invading his privacy to make a case for "doctor shopping". They should make their case without conducting a witchhunt/fishing expedition.
111
posted on
12/23/2003 9:17:58 AM PST
by
CedarDave
(Insted of using the new spel checkr, I'll just tpye as usal.)
To: Jack Black
Wrong. Doctor's are rarely subpoenaed because they nearly always claim confidentiality and thus LE doesn't bother. There are a FEW exceptions, but darned few.
112
posted on
12/23/2003 9:20:41 AM PST
by
Peach
(The Clintons have pardoned more terrorists than they ever captured or killed.)
To: CedarDave
Finished discussing his case at first commercial break. Wants to say more, but can't now. Says this is only way those who want "payback" can get at him since he is not running for office.
113
posted on
12/23/2003 9:20:55 AM PST
by
CedarDave
(Insted of using the new spel checkr, I'll just tpye as usal.)
To: JackRyanCIA
"Have you hugged your lawyer today?"
To: CedarDave
I'm watching as well.
115
posted on
12/23/2003 9:23:41 AM PST
by
ConservativeMan55
(You know how those liberals are. Two's Company but three is a fundraiser.)
To: ConservativeMan55
Rush will be LIVE on Christmas Eve!!!!
116
posted on
12/23/2003 9:24:18 AM PST
by
ConservativeMan55
(You know how those liberals are. Two's Company but three is a fundraiser.)
To: Peach
but our most personal information is now fodder for anyone who wishes to use it. No, a prosecutor needs probable cause that a crime was committed and a judge must approve it. Unfortunately for Rush and all his listeners, that seems to be the case here.
To: So Cal Rocket
Right to Privacy - GONE, unless you're a sodomist. Right to Privacy - GONE, unless you're a 14 year old girl who wants to kill her unborn child without parental knowledge.
To: Howlin
I believe Black may have inadvertently given the prosecutors more ammo to open up Rush's medical records. He said at the hearing that Rush was experiencing so much pain his docs thought he had bone cancer (not an exact quote). Prosecutors could use that argument to say, "we have to have the medical records open to verify those statements." It wasn't a smart move on Black's part.
119
posted on
12/23/2003 9:28:15 AM PST
by
Catspaw
To: Peach
BS. There is no confidentiality if a crime has been suspected.
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