News of the Day ... in Perspective2/23/2004
AAPS files amicus brief supporting Rush Limbaugh’s privacy
According to a brief filed by AAPS on Feb. 23, “The Palm Beach County State Attorney’s seizure of Rush Limbaugh’s entire medical files using search warrants was a violation of state law and an effort at `Big Brother’ scrutiny that will chill doctor-patient relations for all Floridians.”
The AAPS brief shows that “it is not a crime for a patient to be in pain and repeatedly seek relief and doctors should not be turned against patients they tried to help,” stated Roy Black, attorney for Mr. Limbaugh.
The far-reaching application of Florida’s “doctor shopping” statute signals an attempt by the State ultimately to interrogate limbaugh’s doctors about what he did or did not tell them,” writes AAPS General Counsel Andrew Schlafly in the brief.
The Florida Constitution and statutes require patient notification of a subpoena and an opportunity to oppose the action in a court hearing before the state can gain lawful access to medical files.