Pubdate: Sun, 21 Nov 2004
Source: Tampa Tribune (FL)
Copyright: 2004, The Tribune Co.
Contact:  http://www.tampatrib.com/
Details: http://www.mapinc.org/media/446
Bookmark: http://www.mapinc.org/people/Rush+Limbaugh

COURT SHOULD TAKE LIMBAUGH CASE

Rush Limbaugh's fight to keep his medical records private is headed to
the Florida Supreme Court, and the justices should agree to hear it.

Last month a panel of judges on the 4th District Court of Appeal ruled
2-1 that prosecutors could legally seize the talk show host's medical
records without notifying him and giving him the chance to object.

Limbaugh, who admitted an addiction to painkillers, is under
investigation for "doctor shopping" in Palm Beach County. He argues
his privacy rights outweigh prosecutors' power to take his medical
records without notice.

The panel disagreed, saying prosecutors can use a search warrant to
obtain the records without notification.

If allowed to stand, this ruling would set a dangerous precedent that
could change the confidential relationship between doctor and patient.
The government should not have the power to take medical records in
secret.

Medical records are special. Before the government can seize them
wholesale, the patient must be given the chance to argue otherwise. We
hope the Supreme Court agrees.
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MAP posted-by: Derek