Prosecutors File Papers Supporting Limbaugh Medical Records Review

The Political Eye

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Wed Mar-10-04 09:47 AM
Original message

Prosecutors File Papers Supporting Limbaugh Medical Records Review

<snip>
Investigators went after the records after discovering that Limbaugh received about 2,000 painkillers prescribed by four doctors in six months at a pharmacy near his Palm Beach mansion.

Full Link: http://www.mercurynews.com/mld/mercurynews/news/breaking_news/8150844.htm?template=contentModules/printstory.jsp

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buddy22600

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Wed Mar-10-04 09:58 AM
Response to Original message

1. Be very careful

If the prosecutors get their way, then ashcroft can get the medical records to try and prove abortions happened.

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Jim__

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Wed Mar-10-04 10:04 AM
Response to Reply #1

2. Are you sure?

Edited on Wed Mar-10-04 10:07 AM by Jim__

The cases seem different to me. In Limbaugh's case, they already have evidence of a crime that is directly related to his use of doctors - prescriptions for 2,000 pills from different doctors in a short period of time. In the abortion cases, it seems like they are fishing for any evidence - and not even evidence of a crime. It seems like in the abortion case they don't really need specific medical records - other hospital records may suffice; or, if they really do need medical records, anonymous records might suffice.

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buddy22600

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Wed Mar-10-04 10:10 AM
Response to Reply #2

3. My Understanding

Even the ACLU is slamming what the Florida prosecutors are doing. The prosecution got a willing judge to approve a search warrant for the medical records. The warrant was not open to debate and arguments. The search warrant was used to obtain medical records that indicated that Fatso was doctor shopping. ashcroft applied for a subpeona to receive the medical records, the judge heard arguments and then decided against it. If the courts say you can get a search warrant to fish for incriminating evidence, then anyone in power can find a willing judge to sign off on a warrant to get your records and then release them to the media.

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Kagemusha

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Wed Mar-10-04 11:10 AM
Response to Reply #3

6. I think it hinges on the evidence tampering argument.

If a judge can be made to believe that evidence would be tampered with or destroyed if the normally prescribed channels are followed in a case like this, then I can see the justification... but I have no personal way of knowing if this is a credible threat or not.

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Just Me

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Wed Mar-10-04 10:31 AM
Response to Reply #1

4. I disagree,...Ashcroft's request is totally distinct,...

Edited on Wed Mar-10-04 10:32 AM by Just Me

,...from the one in the Limbaugh case. The prosecutor in the Limbaugh case seeks medical records which are relevant to a charge ("doctor shopping") lodged against Limbaugh. Whereas, Ashcroft's overly broad request in a CIVIL suit does NOT include medical records of anyone charged with a crime and Ashcroft "alleges" he wants those records for his defense. :puke:

Who has a greater "right" to privacy of medical information: a defendant charged with a crime (which includes "doctor shopping" upon which the evidence contained in the medical records are relevant) or citizens who have not been charged with any crime and who are not even parties to a civil case?

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buddy22600

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Wed Mar-10-04 10:41 AM
Response to Reply #4

5. Limbaugh hasnt been charged

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Just Me

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Wed Mar-10-04 11:15 AM
Response to Reply #5

7. I stand corrected,...he is being investigated for crimes,...

,...including "doctor shopping". Still very distinct from the civil matter involving Ashcroft's request for medical records.

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