Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Fla. lawsuit: Can doctors ask patients about guns?
Associated Press ^ | Wednesday, July 13, 2011 5:13 PM EDT | CURT ANDERSON AP Legal Affairs Writer

Posted on 07/13/2011 9:35:44 PM PDT by Hunton Peck

MIAMI (AP) — Doctors in Florida are fighting a first-of-its-kind law requiring them to have a legitimate safety concern before they start asking a patient about guns.

The physicians contend the new law is too broad and they should be free to ask patients and parents about firearms in the house to make sure people know how to keep them safely locked away. Doctors routinely offer similar advice about other household risks, from the dangers of tobacco use to swimming pools.

Gun rights supporters who pushed for the new law believe questions about gun ownership are an invasion of privacy, and say some people have been dropped by doctors simply because they refused to talk about firearms.

The law, signed by Republican Gov. Rick Scott, took effect June 2. It forbids doctors from inquiring about guns unless the information is "relevant to a patient's medical care or safety, or the safety of others."

Doctors' groups representing about 11,000 physicians in Florida immediately sued, calling on a federal judge to block the law. They say the law is already having a chilling effect on meaningful conversations about firearms with patients, which professional medical organizations have for years advocated as good practice. Many patient questionnaires ask about gun ownership.

"Making sure patients understand the risks around them is a critical part of a doctor's mission," Douglas Hallward-Driemeier, an attorney for the physicians' said Wednesday during a court hearing on the lawsuit.

U.S. District Judge Marcia Cooke didn't issue a ruling but asked skeptical questions of the doctors.

"What's relevant about asking about my gun when I came in with a cold?" said Cooke, a 2004 appointee of President George W. Bush. "Maybe it's the other way around. Maybe the questionnaire is overbroad and not the statute."

(Excerpt) Read more at centurylink.net ...


TOPICS: Culture/Society; Government; US: Florida
KEYWORDS: 2ndamendment; banglist; cooke; doctors; guns; marciacooke; obamacare; patients; rkba; secondamendment
Navigation: use the links below to view more comments.
first previous 1-2021-4041-49 next last
To: Hunton Peck
"What if a family refuses to answer the question about guns and a kid gets killed?" said Dr. Lisa A. Cosgrove, a pediatrician in Merritt Island who added that she has a concealed weapons permit. "Who is responsible then? You tried your best to ask, but my heart is going to be crushed."

Well, this is worth a barforama

This all started in FL when docs started dropping patients who didn't answer their gun questions. To do something about it became more urgent when it was realized that with Obamacare looming down the road any answer to the GUN QUESTION would immediately end-up in a government owned and operated database (recall that one of the stated aims of BammyCare was to put all medical records online).

Many would argue that in a free society docs should be able to ask what they want and to be free to drop any patients they wish. I would only ask those that hold this opinion to realize that Democrat Socialism has got us by the boot on the neck and is distorting the market. It will become harder and harder to find a personal physician especially after you are dropped by one that has you tagged in the medical database as a "right-wing gun nut".

So the options are to either lie or pass a law outlawing the question.

21 posted on 07/13/2011 10:33:59 PM PDT by VeniVidiVici ("Si, se gimme!")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hunton Peck
The physicians contend the new law is too broad and they should be free to ask patients and parents about firearms in the house to make sure people know how to keep them safely locked away.

This is not a doctor's job. Damn nanny staters.

22 posted on 07/13/2011 10:45:26 PM PDT by FlingWingFlyer (Hey Barry! Compromise this!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hunton Peck
The last time my doctor asked me about guns. he wanted my opinion weather a .38 spl or a .40 was better for his wife as a CCW.
23 posted on 07/13/2011 10:56:36 PM PDT by BigCinBigD ("We hold it in our power, to begin the world anew")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hunton Peck

I’ve seen a statistic (I don’t know what it is based on) that says guns in America save a life every seconds. I wonder if the doctor would get jealous if I told him that?


24 posted on 07/13/2011 11:00:17 PM PDT by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hunton Peck

“Making sure patients understand the risks around them is a critical part of a doctor’s mission,” Douglas Hallward-Driemeier, an attorney for the physicians’ said Wednesday during a court hearing on the lawsuit.”

Yeah? Do they warn them about the risks they were taking driving to the doctor’s appointment? The risk of high blood pressure sitting on one’s @$$ all day in the waiting room?


25 posted on 07/13/2011 11:22:19 PM PDT by WKUHilltopper (And yet...we continue to tolerate this crap...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BobL

Point taken. “None of your damn business” is as good as “yes”. Which makes this an “ask me no questions, I’ll tell you no lies” scenario. I’m lying before I tell anyone what I’m holding.


26 posted on 07/13/2011 11:30:34 PM PDT by WhistlingPastTheGraveyard (Some men just want to watch the world burn.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Jack Hydrazine

You should remind these left-wing quacks that their medical mistakes cost 100,000 patients their lives in America every year.

How convenient that “doctors” can literally bury their mistakes.


27 posted on 07/13/2011 11:38:54 PM PDT by july4thfreedomfoundation (Palin / West in 2012 or West / Palin. Either combination will serve America well.)
[ Post Reply | Private Reply | To 24 | View Replies]

To: WKUHilltopper

Never trust a male attorney with a hypenated last name.


28 posted on 07/13/2011 11:40:23 PM PDT by july4thfreedomfoundation (Palin / West in 2012 or West / Palin. Either combination will serve America well.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: Hunton Peck

Nun Yuh...


29 posted on 07/13/2011 11:42:57 PM PDT by Vendome ("Don't take life so seriously... You'll never live through it anyway")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hunton Peck
The government is mandating that all physician offices must have electronic medical records by 2014. Electronic medical record system is pure evil. With the old paper charts the physician and the patient know exactly where the documented conversation is and that it is locked in a cabinet secured.

The government and some commercial medical foundations have put a positive spin on EMR. The spin is that all your medical professionals will have access to your medical record at the touch of a key stroke. The down side is the government can get access.

Your private health information can be retrieved by the Federal Government for national security reason at any time.

Bottom line is do not tell a physician anything you would not want the FBI, TSA or BATF to know. If it ends up in your medical record the government will be able to easily retrieve that information.

30 posted on 07/13/2011 11:44:51 PM PDT by pterional
[ Post Reply | Private Reply | To 1 | View Replies]

To: unkus

This was no boating accident! (cue the JAWS music!)

My brother’s doctor is well aware that he owns guns. They went on a hunting trip together.

Our family doctor has never asked. If they want to hand me a brochure about “gun safety”, I’ll politely take it but it’s really none of their business.

Besides, nobody that would leave a loaded gun in reach of a small child is going to tell their doctor they do!


31 posted on 07/13/2011 11:57:20 PM PDT by MacMattico
[ Post Reply | Private Reply | To 16 | View Replies]

To: Hunton Peck

If a doctor is concerned enough, his or her office could give out gun safety pamphlets.


32 posted on 07/14/2011 12:02:15 AM PDT by HiTech RedNeck (Hawk)
[ Post Reply | Private Reply | To 1 | View Replies]

To: WKUHilltopper

The risks of catching something from another sick patient in the waiting room?


33 posted on 07/14/2011 12:03:36 AM PDT by HiTech RedNeck (Hawk)
[ Post Reply | Private Reply | To 25 | View Replies]

To: bonesmccoy; neverdem

dox??


34 posted on 07/14/2011 12:08:41 AM PDT by HiTech RedNeck (Hawk)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Hunton Peck

I had a pediatrician give me a guns are hazardous to children lecture once, when I answered “yes” to the question.
Now I don’t answer the question at all except a shrug to my OBGYN who accepted “I work in downtown Dallas, sometimes in the early morning and weekends, and this ensures you will never had to treat me for rape” as a valid answer.


35 posted on 07/14/2011 12:13:04 AM PDT by tbw2
[ Post Reply | Private Reply | To 19 | View Replies]

To: Hunton Peck
"Making sure patients understand the risks around them is a critical part of a doctor's mission," Douglas Hallward-Driemeier,...

Horse nuggets! My father was a physician and I think he would say the same thing. Although he would suggest these "doctors" put their mission in a very colorfully put, but medically accurate, part of their anatomies.

36 posted on 07/14/2011 12:29:55 AM PDT by TigersEye (Wranglers not Levis. Levi Strauss is anti-2nd Amendment.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hunton Peck
"Making sure patients understand the risks around them is a critical part of a doctor's mission…"

Sure it is. Do they ask about gas heaters? (risk of CO poisoning) CFL bulbs? (mercury exposure) Cars? (auto accidents) Bath water? (scalding, drowning) Family dogs? (mauling) Household cleaners? (poison, potentially toxic fumes)

That sort of justification leads to endless intrusion, abdication of personal responsibility and an excessive burden on the medical system.

37 posted on 07/14/2011 12:35:55 AM PDT by newzjunkey
[ Post Reply | Private Reply | To 1 | View Replies]

To: VeniVidiVici
"What if a family refuses to answer the question about guns and a kid gets killed?" said Dr. Lisa A. Cosgrove, a pediatrician in Merritt Island who added that she has a concealed weapons permit. "Who is responsible then? You tried your best to ask, but my heart is going to be crushed."

That is a barforama alright. She is saying that because she is an emotional adolescent who doesn't have a clue about cause and effect her patients should play along in order to be a Xanax substitute for her.

38 posted on 07/14/2011 12:46:32 AM PDT by TigersEye (Wranglers not Levis. Levi Strauss is anti-2nd Amendment.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Hunton Peck
Douglas Hallward-Driemeier?

Don't know who this Moonbat is, but I have a hard time taking any "male" with 2 last names seriously!!!

39 posted on 07/14/2011 3:01:18 AM PDT by Conservative Vermont Vet (l)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hunton Peck

I may be a little slow here but what business is it of any doctor to ask me or my family if we have weapons in the home?


40 posted on 07/14/2011 3:26:18 AM PDT by Joe Boucher ((FUBO))
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-49 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson