Judge rules Limbaugh medical records to remain sealed for now

Associated Press ^ | 12-24-03 | JILL BARTON

[wallcrawlr]

A judge resealed Rush Limbaugh's medical records Wednesday, giving the conservative radio commentator's attorneys time to appeal his earlier decision allowing prosecutors to examine the files for evidence Limbaugh illegally purchased painkillers.

Palm Beach Circuit Judge Jeffrey A. Winikoff ordered the records remain sealed for 15 days while Limbaugh's attorneys pursue their appeal. Winikoff had ruled Tuesday that prosecutors could examine the records, but could not make them public.

[Sunshine Sister]

I heard Mark Levin talking about this yesterday on Hannity's show. It has come out that two of the 4 doctors work in the same out patient clinic and one was filling in for the other when Rush saw him. I didn't know that before. The other two doctors are on the west coast (read not Florida.) How can Limbaugh be doctor shopping under these circumstances?

[MizSterious]

Good question. And does "getting a second opinion" somehow become "doctor shopping" under these strange rules?

[StriperSniper]

Rush says that they were already going through the records when the stay was granted. The press is not reporting this like they did the decision yesterday.

[Howlin]

Precisely..they leaked everything else.

What exactly has the prosecution leaked?

[StriperSniper]

And does "getting a second opinion" somehow become "doctor shopping" under these strange rules?

No, but getting a second helping of scipts is, by definition.

That's the law's effect, not my opinion.

[snopercod]

Did prosecutors have time to look at them before they were resealed?

Rush just said that the State Attorney General ordered the DA to open up the records and rifle through them, even though the court had asked them to keep them sealed pending judicial review or the request for a stay..

A witch hunt from the very top.

[firewalk]

bttt

[F16Fighter]

What a can o' worms being opened up here (pun intended).

When do conservatives get to open up the medical records of Bubba, and thus his litany of STDs he'd contracted over the years, OR Howard Dean's visits to psychiatrists to help him with "anger management"??

I'll take this trade-off with the RATS.

[snopercod]

When did this story break?

Rush just said that MSNBC was the only news outlet covering it.

[snopercod]

Since when is it OK for the government to get access to private medical information just to see if a crime may have been committed?

Since the HIPAA was passed in 1996 "to insure our privacy".

[MizSterious]

I went to one doctor for a condition I have. He prescribed several medications. I didn't care for (a) how I felt on the meds, and (b) his general attitude. He insisted I "give them a chance to work." I went to a second doctor, who agreed with me, and prescribed something else, which did indeed work far better. Prescription shopping? You bet. I wanted something that worked for me, not against me. I haven't been back to doctor #1 since, either.

[xzins]

My understanding is that Florida considers "doctor shopping" to be an offense when there is no medical condition but the person is showing a pattern simply of seeking drugs.

If there IS a medical condition, and a person goes to different doctors seeking help, then that is not Dr Shopping.

That seems reasonable to me that a person should be permitted to visit any doctor/doctors they want. It's basic freedom.

It's like being told you can only go to Lowes if you have a home repair need. You can't go to Home Depot, Lowes, Sears, Carters, etc......that would be "construction shopping."

[jbstrick]

I believe no one knew of the copies when the petition was filed.

[lady lawyer]

I have no idea what Florida law is. I wonder if it would be criminal to go from doctor to doctor -- even if you do have a medical condition -- and not tell them that you had previously taken oxycontin in order to get a new prescription. Just wondering. I don't know.

[tbpiper]

specifically the crime of doctor shopping under 893.13.

Just to clarify the Florida statute:
FSS 893.13(7a7) DOCTOR SHOPPING - It is unlawful to withhold information from a practitioner from whom the person seeks to obtain a controlled substance or prescription for a controlled substance that the person has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the last 30 days (1st Deg. Misd, 2nd offense - 3rd Deg. Fel).

I can't see where there is a 'compelling interest' for the state to prosecute a 1st degeree misdemenor.

Here's some doctor shopping experience from Nevada:

Doctor shopping involves a patient who either lies about pain, anxiety, or some other condition to a physician in order to obtain medication, or takes the same problem to multiple physicians to obtain and fill multiple Rxs. When Nevada began its PDMP in 1997, the typical doctor shopper was seeing 22 different prescribers, visiting 16 different pharmacies to fill 159 scripts, and receiving 9,351 doses of controlled substances yearly.

I believe Rush has seen a grand total of.....um.....let me count (sounds of adding machine)...oh yes, here it is!.... 4 doctors.

[StriperSniper]

and prescribed something else, which did indeed work far better. Prescription shopping? You bet.

Hmmmm......I know it's supposed to be aimed at multiples of particular ones, but I don't know what it actually says. I will defer to any who have actually worked with it to give an opinion on that.

[aruanan]

Palm Beach Circuit Judge Jeffrey A. Winikoff ordered the records remain sealed for 15 days while Limbaugh's attorneys pursue their appeal.

In the words of Nelson, "Ha ha."

[Dr. Scarpetta]

It has come out that two of the 4 doctors work in the same out patient clinic and one was filling in for the other when Rush saw him. I didn't know that before. The other two doctors are on the west coast (read not Florida.) How can Limbaugh be doctor shopping under these circumstances?

I've thought about this a lot, and what it all comes down to is that I'm surprised that Rush is shocked that Democrat judges and prosecutors would go after him. This is a dream come true for Democrats, who will stop at NOTHING to destroy him.

[Mad_Tom_Rackham]

Since when is it OK for the government to get access to private medical information just to see if a crime may have been committed

Any judge can authorize search and seizure providing that he has been convinced that a crime may have been committed. Presumably the threshold of suspicion would be fairly low if a Democrat activist Judge is involved in this particular case.

[MizSterious]

Thanks, looks like tbpiper just explained it a little better. Still, seeing 4 doctors, 3 of whom are in the same practice, doesn't really sound like the crime they're talking about.