Pubdate: Tue, 13 Dec 2005
Source: Miami Herald (FL)
Copyright: 2005 The Miami Herald
Contact:  http://www.miami.com/mld/miamiherald/
Details: http://www.mapinc.org/media/262
Author: Sara Olkon
Bookmark: http://www.mapinc.org/people/Rush+Limbaugh

'Doctor-Shopping' Case

LIMBAUGH'S DOCS FACE QUIZ

A Palm Beach County judge allows subpoenas of Rush Limbaugh's 
doctors, with restrictions.

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."
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