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.
The Rush case was something of a revelation even to the informed. "You mean he can't legally lie to me for drugs?" is a question being heard in break rooms across the country. Now the potential to take the patients to task for their predations is happening in the committee meetings.
This also has something to do with your rights.
You'll get no argument from me there.
Alcohol is a self prescribed, over the counter mediation. It's something to think about.
A libertarian looks at a doctor as being someone with specific skills and knowledge that one makes a business arrangement with. A socialist thinks of a doctor as a form of slave who must provide these skills/knowledge on demand- regardless of compensation.
In a free society, a person eats whatever he wants to eat. If it happens to be five bottles of sleeping pills- that's his problem, not mine. A doctor in a free society would trade his skills on his terms- not the State's. If he chose to be a prescriber of happy pills, so be it. If he chose to tell the Rush's of this world 'I think you're addicted and I won't do business with you' so be that.
It isn't my concern what Rush Limbaugh puts in his mouth.
Do you realize that almost all hospitals in almost all states can divest themselves of their emergency departments if they choose to do so?
It's under discussion, I can assure you.
That others seem to think what?
"The Association of American Physicians and Surgeons (AAPS) is a non-partisan professional association of physicians in all types of practices and specialties across the country. Since 1943, AAPS has been dedicated to the highest ethical standards of the Oath of Hippocrates and to preserving the sanctity of the patient-physician relationship and the practice of private medicine. Our motto, "omnia pro aegroto" means "all for the patient."
PS - I certainly hope you are not a health care worker.
Do you trust the AMA, much less a less-recognized organization? Certainly a conservative should take a dim view of advocacy groups since most of them work out to be leftwing--like Rush's new involvement with the ACLU, which crossed my eyes. Surely he can afford his own civil rights atties?!?
But I plan to peruse Guidestar.org and see what I learn.
Didn't know it had spread past the pedes.
Could be he's packin' too...'
IMHO...its' Mrs. William Jefferson Blight Clinton's who is pushing this case, the Palm Beach D.A. is her proxy...(her sock-puppet...her stooge.) and he was really too stupid to realize this.
The D.A. has really "stepped in it" this time, He can't pull out of the the case, without showing how stupid he/his office (in showing how ineffective and the pol. corruption) has been.
This case will be his political downfall...this is only the latest battle between "the EVIL *itch" and RUSH...of course, the D.A. shall dispute any political reasons for going after RUSH...He'll think twice, now....before doing anymore political favors for "the EVIL *itch".
That's why you see so many bow ties on docs. They're trying to look professional, but the ends of their ties get bloody. Also, those ties are snapons so that the crazy patients can't strangle them.
And the docs' and nurses' and ancillary orgs are the most frustrating things...you can start a group trying to effect a common-sense change, but you can only get people to do this kind of advocacy work who are willing and eager to give up treating patients!!
Then, whattaya know, they're suddenly doing cocktails and tea parties with Hillary and passing more balls-and-chains laws to drive you crazy. Grrr.
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