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Looks like that @sshole Rush will get off...!#@$!@%%!%!

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loosecannon Donating Member (36 posts) Send PM | Profile | Ignore Tue Dec-13-05 12:47 AM
Original message
Looks like that @sshole Rush will get off...!#@$!@%%!%!
Florida Judge Upholds Rush Limbaugh's Doctor-Patient Confidentiality
12/12/2005 5:23:36 PM



MIAMI, Dec 12, 2005 /PRNewswire via COMTEX/ -- Roy Black, Rush Limbaugh's attorney, issued the following statement regarding Judge David F. Crow's decision today prohibiting prosecutors from asking the talk show host's doctors about his medical treatment and condition or information he shared with his doctors during his care and treatment.

Judge Crow's ruling upholds our argument that the State cannot breach
doctor-patient confidentiality just because it has obtained some medical
records, and thus the state cannot ask the doctors its questions posed to
the court during the hearing.

Judge Crow's decision prohibits the State from questioning Mr. Limbaugh's
physicians about "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."

We are pleased with the court's ruling upholding the patient's statutory
right of doctor-patient confidentiality. 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.

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. Mr. Limbaugh has not been charged with a
crime and he should not be charged.

http://www.marketwatch.com/tools/quotes/newsarticle.asp?guid=%7B3E5B45D1-A1EA-4FCC-B006-AF005F5FCA56%7D&siteid=mktw&dist=nbk&symb=

This my 1st thread and I don't know if I did it right. I saw this as I was heading to bed and thought it should be posted here.

Sorry if its a dup. I am very unhappy as of this moment and am gonna try to go to bed. Good night all and hope this is wrong.

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Tomee450 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 12:52 AM
Response to Original message
1. No surprise at all.
Nothing will happen to Limbaugh. If you're rich and white, you are far more likely to escape punishment for your misdeeds. The poor are not so lucky. Rush will continue spewing his hatred for years to come.
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loosecannon Donating Member (36 posts) Send PM | Profile | Ignore Tue Dec-13-05 12:55 AM
Response to Reply #1
2. I know you are right but it is so wrong.
I was looking forward to his perp walk.. Not I guess.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 12:59 AM
Response to Original message
3. Something more important than Rush Limbaugh
There was no justification for trying to bust the doctor-patient confidentiality, and this is a proper decision. Don't forget, it affects us all.

If this were allowed, it would be nothing less than the Patriot Act encroaching even more onto our personal lives and personal rights.

I loathe the man, too, but some things need to be preserved, and, in this case, it's the correct decision. I'm once again proud of my ACLU. Let's not forget to remind the freepers that the ACLU saved Rush's drug-addled ass..............
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loosecannon Donating Member (36 posts) Send PM | Profile | Ignore Tue Dec-13-05 01:06 AM
Response to Reply #3
6. Thank you Old leftieLawyer.
I think I must agree with you even though It makes me MAD. I will now be able to sleep better knowing that we stand on the higher ground.

Thank you and I love that you are here to make sence outta this no-sence time.

Night to you and night to all.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:04 AM
Response to Reply #6
16. Welcome to DU, loosecannon
And I hope you got a good night's sleep.

We have to pick our battles wisely and not squander our passions where they're wasted. This Rush thing is a fine example. He's on record as a druggie, believe me, so we'll always have that.

Thanks for your kind words, and sleep tight every night ..................
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bbinacan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 01:11 AM
Response to Reply #3
8. Leave my medical records alone
and I don't care who you are or whom you're tying to fry. I DO NOT want this to happen to anyone. PERIOD!
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 01:01 AM
Response to Original message
4. Doctor after doctor will testify
that they saw him, that they wrote scrips for pain medication, that they were unaware he was being treated by other doctors who wrote him other scrips for the same thing.

Doctor shopping is against the law. Generally, the DEA picks it up when they collect narcotic records from pharmacies and notice a few names seem to be getting a lot of scrips from a lot of doctors. I guess they didn't think the rich people in Palm Beach would ever consider getting addicted to drugs. Maybe they'll check now.

They don't have to break patient confidentiality to testify to this, since they're testifying about something that is illegal and not part of standard treatment for any legitimate medical condition.
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 01:53 AM
Response to Reply #4
14. Exactly
Doctor shopping is pretty obvious. They don't need all the details of his medical history. In fact, the less that's entered into the record, the less chance for people to feel sorry for him.
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displacedtexan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 05:09 PM
Response to Reply #14
25. Absolutely correct! Remember, this is Rush's lawyer spinning!
No one needs to know what the docs said to Rush or what his treatment was for.
They just need to verify who wrote the prescriptions.
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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 01:01 AM
Response to Original message
5. Not so quick! The ruling was NOT totally in favor of the defendant.
The ruling was that the prosecutors could subpoena the medical records that are relevant to a case, they just can't get access to personal information that has no bearing on the case.

Actually, both sides won on this ruling.
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loosecannon Donating Member (36 posts) Send PM | Profile | Ignore Tue Dec-13-05 01:15 AM
Response to Reply #5
9.  I hope you are right.
I just stumbled onto this and thought it should be posted. I have to be to work in 6 hours now and wish I could stay and see you and the rest of DU break all the B.S. . But I have to go to bed now.

I will save the thread and check tomorrow sometime after work.

Thank you all, I want that @sshole to shut up.
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KharmaTrain Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 01:50 AM
Response to Reply #5
13. You Got It Right...
It took a bit to find a couple reports...here's how it breaks down.

Yep...Rush's personal medical records cannot be used...or what or why his doctors prescribed medications. As LeftyLawyer so abtly put it...this is an important victory for all of us...and a reason the ACLU got involved. All we need are zealous prosecutors rummaging through medical histories and squeezing doctors to get convictions. This was the right ruling.

The other side doesn't work well for Rush, as the prosecutors CAN investigate the quantity of the drugs and if they were issued under malicious purposes...meaning if Rushbo had several doctors writings scripts as the same time...or had a larger than usual amount prescribed...tip offs to trafficking. There's also still the issue of doctor shopping...as the doctors didn't know Rushbo was seeing several, so they can't be held liable for their actions.

Bottom line...it's the Prosecutor's call here...and I'm not up-to-date on the attached drug case and where that stands, but if the Prosecutor still thinks Rush was trafficking in Oxy and/or obtained them for illegal purposes...the show could go on. Remember, the quotes here are from Roy Black...Rushbo's lawyer...no word from a very tight-lipped Palm Beach DA.

Keep staying tuned.
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Ganja Ninja Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:12 AM
Response to Reply #5
17. Here's a link to an article on the ruling.
What it says is that prosecutors have to charge Rush in order to subpoena and depose his doctors. So it may be a victory for Rush or it may lead to him being charged sooner.
http://www.bradenton.com/mld/bradenton/news/nation/13392062.htm
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hughee99 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 01:10 AM
Response to Original message
7. I actually have mixed feelings about this...
on the one hand, the case raises legitimate concerns about doctor/patient privilege and the right to privacy. If given the opportunity to obtain private medical records and information with little other evidence and only the suspicion that a criminal act MAY have taken place, law enforcement officials would have the ability to thumb through lots of private records (and possibly "accidentally" release information for political reasons). On the other hand, hell, it Limbaugh. All in all, I guess the long term ramifications of weakening medical privacy rights outweigh the joy of seeing him do the perp-walk, IMHO.
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MnFats Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 01:19 AM
Response to Original message
10. I don't think this one's over yet.
They still have evidence of doctor-shopping and his possession of thousands of oxycontin, don't they?
that is taken seriously....oxycontin is like pharmaceutical heroin.
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jayctravis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 04:54 PM
Response to Reply #10
22. Right, don't they have his housekeeper...
who either has phone messages or testimony that he threatened her to get pills?
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AtomicKitten Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 01:36 AM
Response to Original message
11. Nope, they just need a creative DA.
It's a Catch-22 thing. To get an indictment, they need evidence. But to get evidence they need to interview his physicians.

However, being in possession of 1,733 hydrocodone, 90 OxyContin, 50 Xanax and 40 time-release morphine pills seems pretty compelling evidence in my book.
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The Whiskey Priest Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 01:38 AM
Response to Original message
12. There is truly a double standard of justice
This is so in your face that it turns my stomach......the arrogance of that fat SOB is too much.
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Union Thug Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 02:17 AM
Response to Original message
15. And I've had friends trotted off to prison for marijuana possession...
Amazing world, aint it? Must be nice to get a free pass when you're rich and lily white.
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Loonman Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:14 AM
Response to Original message
18. DA botching the case?
Can he nail Rush without this info?
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 10:30 AM
Response to Original message
19. The article you linked is a "PR" release and spin by Fatboy's atty.
http://www.bradenton.com/mld/bradenton/news/nation/13392062.htm

It's not such a big win for fatty.


FORT LAUDERDALE, Fla. - If Palm Beach County, Fla., prosecutors decide to charge Rush Limbaugh for his prescription drug use, they'll have to do it without questioning the conservative radio host's doctors about his medical condition, a judge ruled Monday.

Prosecutors can subpoena Limbaugh's physicians in connection with a "doctor shopping" probe, but can't ask them many meaningful questions unless the Palm Beach resident has been charged, Circuit Judge David Crow ruled.

If prosecutors charge Limbaugh with illegally obtaining overlapping prescriptions from different doctors, his physicians can be subpoenaed and fully questioned at a deposition, hearing or trial, Crow wrote.

Until then, the doctors can't be asked about "the medical condition of the patient (or) any information disclosed to the healthcare practitioner by the patient in the course of the care and treatment of the patient,"
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dxstone Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 03:34 PM
Response to Original message
20. We should get someone REALLY savvy to investigate this...
Edited on Tue Dec-13-05 03:37 PM by dxstone
What about Rush himself? HE'D get to the bottom of this mess!



Actually, I'm with Ol' Leftie Lawyer on this one... and given the preponderance of the evidence that was actually in his possession, hopefully this won't be over til' the fat laddy SINGS!!!

Welcome to DU, loosecannon!
:hi:
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Tierra_y_Libertad Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 03:37 PM
Response to Original message
21. But..but..we have "equal justice for all"..especially rich white guys.
Of course, some poor black doing the same thing would have been stuffed in a prison cell long ago..if he survived being arrested.
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Xenotime Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 05:01 PM
Response to Original message
23. Isn't he deaf or something...
if so, how can he be sure he's hearing what he thinks he hears. He's a loser.
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SmokingJacket Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-13-05 05:05 PM
Response to Original message
24. Eh. Rush will bring himself down sooner or later.
Patient confidentiality is important -- though I do think he should be punished if he was doctor shopping.

But whatever. The wreck he makes of his life will be far worse than what the courts can do to him.
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