Posted on 01/23/2004 6:30:09 AM PST by veronica
Conservative talk-show host Rush Limbaugh is gaining some allies in his pain-pill case, including many of the medical profession's pain specialists.
"We're filing an amicus brief arguing that his medical records should not be released," said Dr. Jane Orient of Tucson, Ariz., executive director of the Association of American Physicians and Surgeons.
Limbaugh, 53, is under investigation for allegations of doctor-shopping to get prescriptions for painkillers. Investigators say they believe Limbaugh bought more than 2,000 pills illegally over a five-month period. Court records show Limbaugh suffers from back pain and completed a monthlong drug-rehabilitation program in November.
Orient fears if the documents are released and Limbaugh is convicted, it will have a chilling effect on doctors who prescribe painkillers for the 50 million people who suffer from varying degrees of pain. She said it would be "terrifying" to some physicians, because they also can be prosecuted.
"It would really be a deterrent to prescribing painkillers, and a lot of patients really require a great deal of [painkillers]," she said. "Those patients do terrible things, like buy drugs on the street."
Joining the foundation in the case are the Florida Pain Initiative and the National Foundation for the Treatment of Pain. The American Civil Liberties Union (ACLU) also had joined the case on Limbaugh's behalf.
Limbaugh's lawyer, Roy Black, and the ACLU believe the confiscation of his medical records by investigators last year was a violation of his right to privacy. Black has appealed the original decision to allow the confiscation of the records.
The well-known attorney has not been giving any interviews in the case, but in a prepared statement said: "The issues raised in this appeal affect all Floridians, regardless of their political inclinations. As both the ACLU and we have stated, the seizure of Mr. Limbaugh's private medical records without due process is not only a violation of Florida law and the Florida Constitution, but also a threat to everyone's fundamental right to privacy."
An investigator for Assistant State Attorney James Martz briefly examined Limbaugh's medical records after Circuit Judge Jeffrey Winikoff of West Palm Beach issued an order allowing prosecutors to do so. Winikoff soon froze his ruling to give Limbaugh a chance to appeal. Doctor-shopping is a third-degree felony punishable by up to five years in prison.
"We're concerned about the doctor-shopping law," Orient said. "It's called getting a second opinion." She said refraining from telling the second doctor what the first doctor said only helps ensure an unbiased opinion.
The case began when Limbaugh's maid went to authorities and the National Enquirer tabloid about his use of painkillers. Investigators said he bought 2,300 pills ordered by four doctors over a five-month period. Limbaugh said the maid blackmailed him for $4 million.
During a hearing on Dec. 22, Black said Limbaugh was being legitimately treated for a spinal condition and ear surgery.
Mary Baluss, attorney for the three medical organizations, said that Limbaugh is a pain patient, not an addict. Baluss said pain patients need the privacy of their records to be protected more than other patients. She compared pain patients to HIV-positive patients of 20 years ago because both groups carry negative stigmatization.
The Palm Beach Post has said an investigation revealed that Palm Beach County prosecutors have charged only one other person under the doctor-shopping law in the last five years, and that case never went to trial because the accused died.
"The Post's research confirms what we have been saying all along: Rush Limbaugh has been singled out for special prosecution because of who he is," Black said in another written statement. "We believe the state attorney's office is applying a double standard."
Les Kjos writes for UPI, a sister wire service of Insight magazine.
This may be news to America, but physicians are not slaves !.
I'm saying a smart doc won't take on a celebrity patient. There are few enough protections for a physician these days--everyone in the public wants to beat up on them. Why go looking for a beating? Let Mr. Famous go looking for his own doc.
Good point. What if for instance you get a painkiller and you have a bad reaction to it, and your doc is out of town, so you find another doc to give you one that you tolerate better. You've just broken the law in Florida.
Ever hear of the The Hippocratic Oath, by the way? If treating people is not your thing, you should not be a doctor.
I assure you, I am talking good sense to docs. You may not like hearing that docs put on protective coloring, but it's the public and media that make it simply *wise*.
"Hey, doc, don't you know who I AM?"
. Yup. 'Fraid I'm not ready to take you on as a patient, but I'll be on call for you for emergencies until you find a replacement.
Read celebrity stories about medical problems and you will always find a subtle or not-so-subtle slap at the treating physicians. The potential for real bad touble is high. On this Limbaugh case, the docs are kicking themselves for ever letting him in the door. From what I've read, they've just been lied to and will end up taking the blame.
Not that docs don't get fools made of them every day--but these get to see their names in the paper and wonder if they'll have their careers harmed or even get in legal hot water.
When you see a famous person, doc, run.
I agree that someone that breaks the law is a criminal. That doesn't mean the law is right or that the State is correct in making that law. This is the one place a lot of conservatives always chide libertarians but if libertarian rules were in effect, this incident with Limbaugh would be no incident at all because it wouldn't be the State's business what pills he took or how many he took.
I see libertarians catch a lot of sh!t around here for their views on drug use but it cannnot be denied that his whole thing with Rush would be a non-issue by libertarian standards.
It's not the State's business what Limbaugh eats.
Well, now they're slaves?
Guess again.
You needn't worry about access. There are a lot of dumb docs out there who love to brush up against the famous. Of course, that does let a lot of wiser heads out of the running.
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