Whether or not Rush Limbaugh is the victim of a coordinated political vendetta, as he has opined on his radio broadcast, the behavior of the Palm Beach County State Attorney's office has certainly made it seem that way. Both Limbaugh's attorney and the American Association of Physicians and Surgeons have laid out the case that the State Attorney's search warrant for Limbaugh's medical records was filed in violation of the state Constitution of Florida.

Limbaugh's defense has been pointing out that the Florida Constitution and state law require an application for subpoena, notification of the patient and an opportunity to oppose the action in a court hearing before the state can gain access to medical files. And AAPS' brief cites the law in question, S395.3025(4), (4)(d), Fla. Stat: "Patient records are confidential and must not be disclosed without the consent of the person to whom they pertain, but appropriate disclosure may be made without such consent . . . (d) In any civil or criminal action, unless otherwise prevented by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records to the patient and his or her legal representative."

Apparently such proper notice was not made to Limbaugh, in violation of the privacy protections within state law.

Limbaugh's medical records are now being held under seal by order of the Appeals Court. Palm Beach County State Attorney Barry Krischer seized the records from four of Limbaugh's doctors in December under authority of search warrants.

AAPS' brief further points out the consequences of such behavior by law enforcement. When law enforcement does not respect privacy protections, patients are less likely to seek out needed medical care due to a chilling effect. The fear of improper prosecution can leave pain patients undertreated. AAPS explains that these sorts of problems are the ones that led to the development of the confidentiality clause of the Hippocratic Oath 2400 years ago.

For seeking to actively undermine doctor-patient privacy in violation of state law, the State Attorney's Office must be singled out as a Privacy Villain. AAPS' reasoned intervention in the case and explanation of its far-reaching consequences pegs them as Privacy Heroes.

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