Limbaugh's Attorney Wants Privacy

Fred_Vobbe · Post by **Fred_Vobbe** » 06-19-2005 08:35 AM

Limbaugh's Attorney Wants Privacy For Some Records
By Susan Spencer-Wendel, Palm Beach Post

WEST PALM BEACH - Rush Limbaugh's attorney asked a judge Wednesday to sort through Limbaugh's medical records, keeping private those not pertinent to the doctor-shopping investigation.

Lawyer Roy Black asked to see the records and to be allowed to advise Circuit Judge Thomas Barkdull III which contain privileged information.

"Many of the things in these records deal with medical procedures, symptoms, things that are potentially embarrassing for my client to be released," Black told the judge. "They are very intimate matters, discussed with his doctors, which are not within the scope of the warrant."

Assistant State Attorney James Martz said that his office is not trying to embarrass Limbaugh. Martz suggested that he, Black and Barkdull review the records together out of the public's eye.

Barkdull did not rule and did not give any idea when he would.

Investigators seized all of Limbaugh's medical records after seeing a series of prescriptions issued to Limbaugh from March through September 2003.

Martz seeks the return of all the seized records to prosecutors, including ones outside that time period. He told Barkdull he must consider the overall intent of the investigation: that Limbaugh's housekeeper told prosecutors a series of allegations that investigators set out to test.

Limbaugh, 54, of Palm Beach, has not been charged with a crime. He acknowledges an addiction to painkillers but says he did not doctor-shop.

Doctor-shopping - seeking duplicate prescriptions from different doctors - is a felony, but almost never prosecuted in Palm Beach County.

Black has said the records will vindicate Limbaugh.

Black renewed an attempt at Wednesday's hearing to force the records' return to Limbaugh. Black made a new argument that the search warrants used were invalid.

In court filings, Black pointed out that all but six of the prescriptions in the records came from two Jupiter doctors who practice in the same office. "There can be no doctor-shopping between them," Black wrote.

Barkdull denied the request but said Black was free to file it again.

Devastated · Post by **Devastated** » 06-19-2005 09:57 AM

We already know he is an addict. I believe the rest of the investigation should be private.

Fred_Vobbe · Post by **Fred_Vobbe** » 06-19-2005 07:29 PM

Devastated wrote: We already know he is an addict. I believe the rest of the investigation should be private.

A powerful addict, and one that influences public opinion.

The problem with people trying to get Rush is that when they are successful in getting medical records released, then the privacy of every citizen is affected.

Guest · Post by **Guest** » 06-19-2005 09:43 PM

If the information does not pertain to the case, it should be kept private.

By the way I know people who take powerful pain killers for conditions related to severe back injury, cancer, etc.

These pills allow them to function normally. They don't run around looking or acting stoned.

The body tends to adjust and life goes on.

Not everybody body addicted to legal pharmaceuticals has big brain effects because of said pharmaceuticals.

It is as if the high portion of the drug is negated by the pain the person is experiencing. When the two cancel each other out, the person acts normally.

spaceprophet · Post by **spaceprophet** » 06-19-2005 09:55 PM

Rush shoulda doctor shopped here in Kansas. The HIPAA laws are armor plated and encased in steel and concrete.

I wouldn’t mind seeing Rush led away in chains. Especially after seeing close friends and family of mine doing just that for the same thing he did. Only their curse was simply indulging in small quantities of reefer from time to time. Something Rush screamed they should get the guillotine for.

The real issue here is why should the rich and powerful get away with murder? While the poor are automatically put on death row.

Let's watch him fry. And we all can sing songs and hold hands around the bonfire.

Devastated · Post by **Devastated** » 06-20-2005 06:24 AM

Fred_Vobbe wrote: A powerful addict, and one that influences public opinion.

The problem with people trying to get Rush is that when they are successful in getting medical records released, then the privacy of every citizen is affected.

That's right, Fred. That's why it should remain private. At least in the sense of the media and the "public."

Cherry Kelly · Post by **Cherry Kelly** » 06-20-2005 10:50 AM

We are all aware that Rush went through some serious back problems.

Meds don't always work for a whole lot of people. OR they don't work as they are suppose to work.

= = =
Now as for medical information - the right to privacy is still part of the constitution. There are also laws about patient confidentiality which exist between drs and patients.

While I don't condone Rush for his pain meds, I also do not condone this "we want all your med records" bit. We all should be aware that you can just about say -- once someone gets ahold of those records - they won't remain private. People are greedy and if they think they can sell something private about some well known figure - they will do so.

Iris · Post by **Iris** » 06-20-2005 10:05 PM

Limbaugh won't do time for his crime, because there's no justice left in this country.

Cherry, pay attention, please. Your privacy WAS guaranteed by the Constitution, but the Pat Act takes that protection away, and your idol Bush and his neocon pals are pushing for yet more.

Have you all seen the tee shirts Rush is selling on his web site now? http://www.rushlimbaugh.com/home/today.guest.html

On the front: Club G'itmo
and on the back: I Got My Free Koran and Prayer Rug at G'itmo

Rush Limbaugh is the most EVIL pervert in the media today.

Fred_Vobbe · Post by **Fred_Vobbe** » 06-21-2005 07:18 AM

Cherry Kelly wrote: We are all aware that Rush went through some serious back problems. Meds don't always work for a whole lot of people. OR they don't work as they are suppose to work.

Very true. And I would suggest that if you and I had a similar back problem, 200mg of Vicodin would have a different effect for you and I. Doses are arbitrary amounts averaged over testing. I'm not to trusting of many meds, and tend to take the natural route over chemical means.

Cherry Kelly · Post by **Cherry Kelly** » 06-21-2005 10:35 AM

Iris -- eveyone keeps attempting to make so many claims about the Pat Act -- and saying how it has taken away our constitutional rights. Now pay attention -- I have stated before the only thing that I personally see as a GOOD thing to come from the PAT act was the sharing of information a between the alphabet groups and the sharing of criminality situations between cities/counties/states. THAT was something long overdue. Unfortunately we still have a lack of sharing information with and between authorities. As a recent article regarding illegals in one state - illegals with criminal records in that state - and the state failed to notify FBI about these illegals who committed criminal acts. The FBI has begun rounding up those illegals and deported or begun to deport them.
I have stated this factor as the only good thing I've seen and hope it is kept.
= = = =

Fred -- back problems is what got me into the business I own and have on internet. NO meds! didn't work, caused more problems and got tired of hurting.

Fred_Vobbe · Post by **Fred_Vobbe** » 06-21-2005 11:12 AM

Cherry Kelly wrote: Fred -- back problems is what got me into the business I own and have on internet. NO meds! didn't work, caused more problems and got tired of hurting.

What business is that? Herbs and natural suppliments?

After posting this morning, and just now getting back from lunch, I can think of eight indivuals whom have "changed" for the worse due to drugs. In specific, Prozac, Ellavil, and other Mood Stabilizers.

Cherry Kelly · Post by **Cherry Kelly** » 06-21-2005 01:16 PM

Fred -- magnetic therapy products... been on net since '93 -- but I put up with back problem from mid 60s until 90's when a young asian (med student) said try this... Haven't seen a dr or had to take any meds for back problems since!

BUT -- back to RUsh -- I do not like the idea of anyone having access to medical information other than medical people who NEED to know - not some lawyers who don't need to know!

Guest · Post by **Guest** » 06-21-2005 01:43 PM

I think the point of privacy for Rush was asking that medical situations not related to the case be kept private.

In other words if, say he got a prescription for blood pressure medication, or had a boil on his stomach taken care of that it not be released to the public.

This request isn't about who Rush is, what he does, or how anyone thinks about him or the way he does his job. In fact this request isn't about Limbaugh at all.

This is about setting precedent regarding medical privacy issues and releasing personal medical information when that information has no bearing on the case at hand.

Believe it or not, this case could come back and bite any one of us in the future if somebody makes an allegation regarding something they think we have done.

Does anybody here really want to know that if a medical doctor is being prosecuted for malpractice that your medical records could become open to public viewing because that doctor once treated you? Even though your visit had nothing to do with the case against the doctor?

This is the type of precedent that is being set every time somebody breaks down another barrier against sharing private medical information.

Florida v Limbaugh could have some far reaching unforeseen effects in setting precedent for sharing medical information. The case is stunning in it's potential ramifications on the medical field and the potential for allowing medical records to be opened by simple subpoena.

Does anybody really want that just because they don't like the defendant? Is that dislike against someone worth yet another intrusion into our private lives? Is this really worth getting Limbaugh at all costs?

spaceprophet · Post by **spaceprophet** » 06-21-2005 07:02 PM

Rush has been suspected of "Doctor Shopping!" That's a felony in the state of Florida. Any time the authorities suspect that a felony has been committed they will move on it.

Everybody already knows about how he draft dodged the Vietnam War because he had a boil on his butt. So what. What could be worse? He's got genital warts, so what? Think his buddy Drudge would post that up on his website?

If they have enough evidence to proceed with a criminal proceeding in a court of law concerning a felonious act, then let's hear it. Plain and simple.

Why are the security, law, and order right-wingers covering big Rushie up with a baby comforter? One of the frat boyz.

The Pat Act is the same, alleged, violation. Not a peep when it concerned the common man. Someone rich and powerful different story.

I say let's play the bluff and make the prosecution lay their cards out.

What is it you're afraid of? I think I know...

Iris · Post by **Iris** » 06-21-2005 07:28 PM

Cherry, I'm well aware of what you've said about the Pat Act... and of what you haven't said about it. If you understood it, you wouldn't say our Constitution guarantees privacy as if that mattered. It does, but the Pat Act nullifies it.