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Doctors Group: Open Season on Everyone's Medical Records
NewsMax ^ | 10/6/04 | Carl Limbacher

Posted on 10/06/2004 7:03:49 PM PDT by wagglebee

WASHINGTON -- The Association of American Physicians and Surgeons issued the following statement by it General Counsel, Andrew Schlafly, in reaction to the decision issued today by the District Court of Appeals, Fourth District, Florida, in the matter of Rush Limbaugh v. the State of Florida regarding the release of his medical records. The AAPS filed an amicus curiae brief in that case.

"It's open season now on everyone's medical records and everyone in the country needs to start playing hide and seek with their doctor following today's ruling by District Court of Appeals in the matter of rush Limbaugh's medical records finding that there is no constitutional protection for medical records against search warrants.

"We'd better tell doctors to Mirandize every patient - tell them 'You have the right to remain silent' - because this is the end of privacy in medical records. The message to patients is clear: anything you tell your doctor can and will be used against you.

"Rush Limbaugh has not been charged with a crime, and yet the State of Florida seized access to many of his highly personal medical records, without prior notice. The State even grabbed medical records unrelated to its investigation.

"Forget about doctor shopping for pain medication, patients cannot even "doctor shop" for confidentiality anymore! Every doctor can now be turned against his patient at any time.

"The winners are investigators, insurance companies, employers, adversaries, and anyone else who wants the State to go on a fishing expedition against a citizen.

"It's dismal that only a partial dissenting opinion recognizes the right to privacy. Judge Melanie G. May chided her colleagues' failure to do so in very stern terms. She writes, 'I dissent therefore, from the majority's decision to keep its 'Eyes Wide Shut' to the right to privacy in a person's medical records.' She then cites the special nature of the doctor patient relationship dating back 2400 years to the Oath of Hippocrates.

"The Florida court rejected that Oath whereby doctors have sworn that 'I will keep to myself" what 'I may see or hear in the course of the treatment.' The new rule is that doctors ' will keep for the State' sensitive information so that it can be used against the patient.

"This could not come at a worse time, as Senators Bill Frist and Hillary Clinton have banded together to promote a federal plan towards electronic databases of all patients. On Aug. 25th, both wrote together in support of a ten-year plan by the Department of Health and Human Services to establish electronic databases of medical records.

"AAPS deplores forcing doctors to testify against their patients, and will continue to fight this decision in court.

"Neither common sense nor the physician-patient privilege can stand in the way of the political witchhunt against Limbaugh. These fishing expeditions through medical records in search of a crime should not be allowed."

The AAPS, a non-partisan dues-supported professional association, has been dedicated to protection of the patient-physician relationship from third-party intrusion since 1943.


TOPICS: Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Florida
KEYWORDS: dittoheads; medicalprivacy; privacy; rush; rushlimbaugh
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It would seem that in their zealous quest to destroy Rush, the Palm Beach State's Attorney's office has lost sight of the leftist agenda.
1 posted on 10/06/2004 7:03:49 PM PDT by wagglebee
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To: wagglebee

Should a person retain all copies of the medical records so the doctors do not have access to them without permission?


2 posted on 10/06/2004 7:06:25 PM PDT by kimoajax
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To: kimoajax
Should a person retain all copies of the medical records so the doctors do not have access to them without permission?

I don't understand. Don't doctors have a right to their patients records?

3 posted on 10/06/2004 7:09:59 PM PDT by RedBloodedAmerican
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To: wagglebee
"This could not come at a worse time, as Senators Bill Frist and Hillary Clinton have banded together to promote a federal plan towards electronic databases of all patients.

Wow. They finally found a use for all the gold stars they bought on eBay a few years ago.

4 posted on 10/06/2004 7:10:58 PM PDT by RedBloodedAmerican
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To: wagglebee

Gee wonder if we can apply this to JFKerry???


5 posted on 10/06/2004 7:11:09 PM PDT by Just mythoughts
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To: wagglebee

This is outrageous!! We've got to get rid of these liberal judges. That bunch down in FL is bad news. First the 2000 election, then Teri's case and now Rush. It's got to stop. There's judicial tyranny like we've never had in the past. They're TOTALLY out of control.


6 posted on 10/06/2004 7:15:54 PM PDT by NRA2BFree
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To: wagglebee

I heard on NBC News tonight that the ACLU is supporting Rush in his appeal. Perhaps that will make a difference to these fascist judges in Florida???


7 posted on 10/06/2004 7:16:37 PM PDT by Dems_R_Losers (Proud to be a Reagan Alumna!)
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To: Dems_R_Losers

Now that is irony!


8 posted on 10/06/2004 7:18:18 PM PDT by Huntingtonian
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To: Dems_R_Losers

The ACLU has sided with Rush since the beginning of this witch hunt.
http://www.rushlimbaugh.com/pdf/Rush_brief1-021704.pdf


9 posted on 10/06/2004 7:19:41 PM PDT by wagglebee (Benedict Arnold was for American independence before he was against it.)
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To: wagglebee

Will SCOTUS have another opportunity to overrule SCOFLA?


10 posted on 10/06/2004 7:22:30 PM PDT by Paleo Conservative (Hey! Hey! Ho! Ho! Dan Rather's got to go!)
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To: kimoajax
Ownership in the traditional sense of the word means the owner is the one that pays for them.

If you buy a house the real estate agent doesn't own the records you do.

If you hire a plumber , you own the new hot tub not the plumber.

The physician renders a service, offers a paid opinion but you should own the records. The physician is merely the repository like a library.

This gets fuzzy when it's an insurance company that is paying the bills but since you pay the insurance company first you should still own the records.

To play it safe, pay cash and give a false name.
11 posted on 10/06/2004 7:24:15 PM PDT by TASMANIANRED (What did Kerry know and when did he know it?)
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To: Paleo Conservative

""It's open season now on everyone's medical records and everyone in the country needs to start playing hide and seek with their doctor following today's ruling by District Court of Appeals in the matter of rush Limbaugh's medical records finding that there is no constitutional protection for medical records against search warrants. "

I would love to see Kerry's medical records.


12 posted on 10/06/2004 7:24:32 PM PDT by EQAndyBuzz (Control the information given to society and you control society.)
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To: EQAndyBuzz
I would love to see Kerry's medical records.

What about Clinton's?

13 posted on 10/06/2004 7:28:07 PM PDT by Paleo Conservative (Hey! Hey! Ho! Ho! Dan Rather's got to go!)
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To: TASMANIANRED
The physician renders a service, offers a paid opinion but you should own the records. The physician is merely the repository like a library.

"your" medical records are, in fact, the physician's notes regarding the tests and diagnoses he makes, and treatments he administers to you. They are made for his benefit, not yours. Historically, they are the property of the physician, as evidenced by the fact that you as a patient have no legal right to demand that your doctor give you "your" medical records.

That said, the privacy of the information about you contained in those records has historically been protected by the "doctor-patient" priviledge.

The insanity of the courts ruling can be seen by substituting a lawyer's records about a client for the doctors records. Are we to believe that the State has a right to subpoena your attorney's notes containing details of what you told him in confidence under the auspicies of attorney-client priviledge, absent evidence that such conversations were in furtherance of the on-going commission of a crime?

14 posted on 10/06/2004 7:38:34 PM PDT by longshadow
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To: Paleo Conservative

Maybe all doctors could become lawyers or ordained clerics. Those relationships haven't been broken...yet.


15 posted on 10/06/2004 7:42:12 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: wagglebee

Oh Good!

just where are Kerry's medical records kept?

Surely the public interest far outweighs his privacy in this case...


16 posted on 10/06/2004 7:42:22 PM PDT by Wil H
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To: wagglebee
None of us are safe now. The Privacy Act just went out the window.


17 posted on 10/06/2004 7:43:27 PM PDT by SheLion (FnKerry is coming unglued before our very eyes. Let's watch the melt down.)
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To: wagglebee

No worry, unless you happen to be a republican.


18 posted on 10/06/2004 7:43:35 PM PDT by ladyinred ("John Kerry reporting for spitball and typewriter duty.")
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To: kimoajax
Should a person retain all copies of the medical records so the doctors do not have access to them without permission?

Actually, IIRC, your medical records do NOT actually belong to you. They belong to the doctor, and they do not have to release your own records to you.

I ran into this problem when I no longer wanted to see a former doctor (he was an orthopaedist, who managed to miss the fact that I had four broken bones in my foot!) I wanted a copy of my medical records to take with me while I shopped for a new doctor, and they refused to give them to me. I don't know if they would have sent them to another doctor or not.

Mark

19 posted on 10/06/2004 7:55:24 PM PDT by MarkL (Dude!!! You're farting fire!!!!)
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To: longshadow

Protected not only by tradition, but now by HIPPA; a Federal Law that was to protect the privacy of patients. This law has teeth too; I cannot understand how Fla. could get Rush's records without first having officially charging him with a crime which they haven't.


20 posted on 10/06/2004 7:56:29 PM PDT by Atchafalaya
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