None of these standards was met. “Prosecutors simply seized the records, and quietly held on to them for six days before letting anyone know what they had done,” Mr. Black argued in the brief. “With respect to the records held by Dr. (Antonio) De La Cruz, the only notice Mr. Limbaugh received came from reporter Chris Matthews, during his television show ‘Hardball with Chris Matthews.’”
Mr. Black’s brief cited the Florida Supreme Court’s 2002 decision in State v. Johnson that held a prosecutor’s power to use search warrants does not override the privacy protections in state law. “To hold otherwise,” the Court noted, “would make the [medical records] statutes meaningless.”
Just a footnote to our previous ongoing argument about the Florida prosecutors, and how they practically kicked in the doors of Limbaugh's doctor office, purportedly based on an investigation which possibly had nothing to do with Limbaugh's medical treatment.
As lawyer Black argued, was the prosecutor's "intent" based on claims that Limbaugh was a drug dealer, or was his intent on getting those private records based on his own medical diagnosis that Limbaugh was not in need of these prescriptions??
Of course you can claim that he suspected Limbaugh was getting dual prescriptions, but shouldn't Limbaugh's own doctors have had a chance to explain their own practice.
After all that is why THEY are doctors and HE is a lawyer.