Sunday, September 18, 2011

Judge says Fla. docs can talk about guns

We read:
"A federal judge has blocked enforcement of a first-in-the-nation law that restricted what Florida physicians can say about guns to their patients. U.S. District Judge Marcia Cooke ruled Wednesday that the law violates the Constitution's free speech protections for doctors and patients.

The law was pushed by gun rights supporters who claimed the doctors' questions are an invasion of privacy. The law took effect June 2. It was challenged by physicians' groups who said it violates longstanding preventative medical practices.

The measure was watered down by state lawmakers to allow exceptions. For example, a doctor could ask a person with mental problems about guns at home.

Still physicians were concerned a patient could file a complaint that might lead to loss of their medical licenses and fines up to $10,000."

Source

The law was passed because Leftist doctor organizations like the AMA were encouraging doctors to find out if there were any guns in the homes of patients. The idea was apparently to deny care or report such families to the police as suspicious. Whatever happened to medical confidentiality and medical ethics I don't know.

The law was clearly a bad approach. Making funds available to prosecute any doctors violating medical confidentiality or medical ethics would have been smarter. Another approach would have been to make doctors display a sign advising people that they do not have to answer any questions about guns.

6 comments:

Anonymous said...

our rights are in such a precarious position. we really need a way to punish cops who enforce unconstitional laws. we should examine the doctrine of qualified immunity and clarifed when it should not be given.

Anonymous said...

I don't have a problem with a doctor asking any question he or she feels like asking. The problem lies with them reporting the patient as a possible criminal when there is no reason given for even a feeling that this is so. It also is a clear violation of doctor/patient confidenciality rules and that is where the law should be focused. The second amendment is just as important as the first and arguably more so because it helps keep the government from infringing on the first amendment.

Uno Hu said...

As regards requiring a sign advising that gun questions need not be answered, and the issue of the question in the first place: People are concerned about the access The Wun and his minions will have to their medical records once all the "improvement" in the system has occured and medical records are all reduced to "EHR" (electronic health records) [meaning all your vital stats and details are computerized]. And most second amendment adherents aren't dumb enough to need the sign. But refusing to answer the question is answering it, with a 90+% specificity rate. Just say "Of course not." Some situations literally cry out for "misdirection".

Anonymous said...

The law is stupid and unnecessary on its face.

All gun purchases are logged as required by law. If the cops suspect something, get a court order and check to see if they purchased any weapons.

See how easy that was? No need to burden doctors and open them up to lawsuits.

But if you see the pattern (which Uno Hu seems too) all this is intended to do is give the government an “in” to invade your privacy, AND give Obozo a reason to deny you coverage because you own a gun therefore you are a “risk.” And a terrorists.

These azzclowns will try any gimmick in order to take our rights away. Mark my words we will wake up one day and not recognize the county we once called free.

President Not Sure said...

Im not sure if it was related to this same issue but I remember before this law was introduced that some family had issues when a police officer showed up at their house one day asking about the guns the family owned.. It turned out the cop showed up because he was told by the families Dr that they had guns in the house with small children.. Then when they went back and asked the Dr. they found out that he knew because while the parents were out of the room the Dr asked the families 3 year old if Mommy or Daddy kept guns in the house. The think the family was trying to sue because they thought the Dr had no right asking the child that question in the first place and that he violated some kind of privacy law by informing the police that they had guns too.

Bird of Paradise said...

Neglegent doctors have killed more people then guns