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Limbaugh's docs face quiz: judge allows subpoenas of doctors, with restrictions.
Charlotte Observer, NC ^ | Sara Olkan

Posted on 12/13/2005 9:12:10 AM PST by rface

A Palm Beach Circuit judge allowed prosecutors to query Rush Limbaugh's physicians, but limited what they can ask them as part of a prescription-drug abuse investigation.

Authorities suspect that the conservative radio talk-show host had been ''doctor shopping'' -- illegally seeking multiple prescriptions from different doctors -- after learning he had obtained prescriptions for more than 2,000 pills from four different doctors in six months. While Limbaugh, 54, has admitted an addiction to pills, he has not been charged with a crime.

The syndicated commentator, , a resident of Palm Beach, has been in the spotlight over his alleged illegal use of painkillers for more than two years.

In a 15-page decision, Judge David F. Crow limited the scope of what prosecutors can ask Limbaugh's doctors.

Interrogation, he wrote, shall not include ``discussion of the medical condition of the patient and any information disclosed to the healthcare practitioner by the patient in the course of the care and treatment of the patient.''

Bruce Winick, a professor at the University of Miami School of Law, called the ruling ''rather ambiguous'' and predicted it would launch another round of litigation.

''It's an attempt to protect the privacy of patients and, in a sense, seems to be an attempt to balance the interests of both parties,'' Winick said. 'Will it allow prosecutors to ask doctors, `Did you prescribe that?' Does that reveal anything about the patient's condition?''

''The court allowed us to proceed, within the constraints of present law,'' Mike Edmondson, a spokesman for the state attorney in Palm Beach County, told the Associated Press.

Limbaugh's attorney, Roy Black of Miami, cheered the ruling. ''We've said from the start that there was no doctor shopping, but Mr. Limbaugh should not have to give up his right to doctor-patient confidentiality to prove his innocence,'' Black said in a prepared statement. ``The medical records that the State has seized and reviewed now for nearly six months show that Mr. Limbaugh received legitimate medical treatment for legitimate medical reasons.''


TOPICS: News/Current Events
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1 posted on 12/13/2005 9:12:11 AM PST by rface
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To: rface

So, Rush hasn't been charged with a crime? Then what's the big deal? Why are DAs questionsing his doctors? Has the judge got it out for Rush? He must be a Democrat, I reckon.


2 posted on 12/13/2005 9:14:38 AM PST by RexBeach ("The rest of the world is three drinks behind." -Humphrey Bogart)
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To: rface

So they can't question the Docs on Rush's medical condition, and they can't question them on what Limbaugh sid to them.

I suppose that leaves the time of day.


3 posted on 12/13/2005 9:16:24 AM PST by js1138 (Great is the power of steady misrepresentation.)
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To: js1138

Man talk about government oppression. I wouldnt want this amount of money and effort spent on Tookie.


4 posted on 12/13/2005 9:18:12 AM PST by samadams2000 (Nothing fills the void of a passing hurricane better than government)
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To: rface
alleged illegal use of painkillers

An addiction to a legal substance is now an alleged illegal use? I am going to ask for a basket of duct-tape for Christmas to keep my head from exploding in 2006.
5 posted on 12/13/2005 9:20:20 AM PST by Eagle of Liberty ("My job as the president is to see the world the way it is, not the way we hope it is." - W)
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To: RexBeach
Has the judge got it out for Rush? He must be a Democrat,I reckon.

Palm Beach County is overrun with rich,liberal retirees from Scarsdale,Darien and New Canaan.This fact easily explains the leftist DA in the County.I wonder if judges are elected in Florida,as they are in at least some other states.

If so,that would explain the presence of a leftist judge in PBC.

6 posted on 12/13/2005 9:20:45 AM PST by Gay State Conservative
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To: rface

This prosecutor is like the Texas one, over zealous and totally political. It is simply amazing what Hillary gets away with or what Sandy Berger got away with, that man should have been put behind bars not just a fine and the loss of his security clearance for a few years. Security should never be returned to him just as Bill Clinton’s legal license should never have been returned. Hard law does not ever apply to a Democrat. Look who is a Senator today having committed treason, yep! John Kerry.


7 posted on 12/13/2005 9:21:01 AM PST by yoe
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To: rface

Remind me, what was the injury and who is the injured party?


8 posted on 12/13/2005 9:21:22 AM PST by oblomov
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To: js1138

Nah they'll try every slimy trick in the book, no matter how stipidly transparent and no matter how many times they get yelled at:

Judge: "Let me remind the prosecutor that he may not ask specific questions about Mr. Rush Limbaugh."

Prosecutor: "Thank you your honor. Doctor, how many prescriptions for Oxycontin did you write for Rush Limbaugh?"

"Objection!"

Prosecutor: "Withdrawn. How many prescriptions for Oxycontin did you prescribe in 2003?" (Doctor answers.)

Prosecutor: "And how many of those prescriptions were to patients other than Rush Limbaugh?"

"Objection!"

etc.


9 posted on 12/13/2005 9:22:52 AM PST by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: rface
Hmmmm...as I see it the State didn't have enough to subpoena records or file a charge. Yet it's questioning Rush's physicians.

Looks like the prosecution continues its fishing expedition based solely on political considerations.
10 posted on 12/13/2005 9:23:04 AM PST by DakotaGator
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To: rface

I seam to remember back in the 90's when there were questions on a political person, it was a vast right-wing conspiracy, but there were real laws broken. Yet when the libs go after innocent people, it "just". The libs speak out of both ends of their mouths if you ask me


11 posted on 12/13/2005 9:26:46 AM PST by mpop
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To: rface

"Limbaugh's docs face quiz: judge allows subpoenas of doctors, with restrictions."

I bet the media is in an uproar over this invasion of privacy, right?

I slept in today so I did not see the morning shows, but I have to imagine Katie Couric and the others are going nuts thinking about how terrible this is.... they are probably claiming that the government has become a fascist dictatorship after all...

Or maybe not.


12 posted on 12/13/2005 9:27:20 AM PST by Paloma_55 (Which part of "Common Sense" do you not understand???)
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To: Kerretarded
An addiction to a legal substance is now an alleged illegal use? I am going to ask for a basket of duct-tape for Christmas to keep my head from exploding in 2006.

Drug Warriors aren't too interested in logic, it seems. They're more interested in inserting the government wherever they can, including the doctor/patient relationship.

13 posted on 12/13/2005 9:29:12 AM PST by highball ("I find that the harder I work, the more luck I seem to have." -- Thomas Jefferson)
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To: Kerretarded
The left wants Limbaugh silenced... or disgraced beyond his ability to attract an audience.

When you see our silent/spineless Republicans in Congress letting Democrat lies go unchallenged, you realize how effective a voice he is.

14 posted on 12/13/2005 9:31:19 AM PST by johnny7 (“You have a corpse in a car, minus a head, in the garage. Take me to it.”)
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To: rface


Too bad Limbaugh isn't a pregnant woman trying to get an abortion.


15 posted on 12/13/2005 9:31:29 AM PST by Tzimisce
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To: jiggyboy

It isn't at trial yet. After two years there still aren't any charges. What are his doctors going to say to the police if they aren't required to discuss his medical condition, and aren't required to discuss what Rush said to them?


16 posted on 12/13/2005 9:35:46 AM PST by js1138 (Great is the power of steady misrepresentation.)
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To: Gay State Conservative
No prescription drug abusers in that group I'll bet.

Palm Beach County is overrun with rich,liberal retirees from Scarsdale,Darien and New Canaan.

17 posted on 12/13/2005 9:39:37 AM PST by DManA
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To: Gay State Conservative

Yeah, they're elected.


18 posted on 12/13/2005 9:45:09 AM PST by RexBeach ("The rest of the world is three drinks behind." -Humphrey Bogart)
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To: rface

This is "Prosecution shopping", plain and simple.

If they cannot get the truth out, they'll cover up and fabricate anything.


19 posted on 12/13/2005 9:48:00 AM PST by JudgemAll (Condemn me, make me naked and kill me, or be silent for ever on my gun ownership and law enforcement)
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To: johnny7
When you see our silent/spineless Republicans in Congress letting Democrat lies go unchallenged, you realize how effective a voice he is.

BINGO!

20 posted on 12/13/2005 9:58:26 AM PST by CommandoFrank (Peer into the depths of hell and there you will find the face of Islam...)
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