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Brady Campaign suing Florida

We-the-People

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Considering that there is defacto gun registration....do you REALLY think those records aren't in an unlawful government database somewhere....the doctor asking is merely pressing the anti gun agenda at any and every opportunity.

Now if your state allows it, private sales that have no background check keep your lawful weapon from being in that defacto registry.
 

eye95

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Case law requires a doctor to continue to provide care for a reasonable period of time (usually one month is considered "reasonable") while the patient finds another physician. Otherwise, in most circumstances a doctor can drop a patient for any reason or no reason at all just as the patient can drop the doctor. I don't have a problem with that.

As a doctor, I consider gun safety a part of good medical care but it's not necessary to ask the patient intrusive questions about their personal lives. For example, I don't ask if they keep toxic chemicals in the home; I say, "If you have any potentially dangerous chemicals like drain cleaner, bleach, etc., it's important that those are kept out of the reach of children and preferably locked. Similarly, guns, knives, power tools and other mechanical devices that could cause harm should be stored securely away from children." There's no reason to ask if they have any of those things; my only concern is that if they have any of them, they have thought about the potential danger and secured them accordingly. I also don't ask if they ride motorcycles, ride horses, climb mountains, or bicycle; I just explain that when pursuing those sorts of activities the smart course of action is to wear a helmet.

I understand why the Florida law became necessary but I am ambivalent about it because I generally oppose the creeping destruction of the private and personal aspect of the physician-patient relationship. It also concerns me whenever another restraint is placed upon a private business. Just another reason to never practice in Florida.

Again, I would ask for a cite. However, you, being a doctor, have some credibility on the issue. Yet, what you describe is not what I was asking a cite for. You can still drop a patient; you just cannot drop him mid-treatment without allowing him time to transition to a new doctor. That is reasonable contract law. There is an implied promise that a treatment, once started, will not be interrupted to the detriment of the patient.
 

Cavalryman

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Again, I would ask for a cite. However, you, being a doctor, have some credibility on the issue. Yet, what you describe is not what I was asking a cite for. You can still drop a patient; you just cannot drop him mid-treatment without allowing him time to transition to a new doctor. That is reasonable contract law. There is an implied promise that a treatment, once started, will not be interrupted to the detriment of the patient.

Two cases on the topic are Lee v. Dewbre, (Tex. Civ. App. Amarillo 1962) and Hill v. Medlantic Health Care Group, (D.C. 2007). The general principle is that unilaterally severing the relationship while the patient still needs care without allowing the patient opportunity to find another provider constitutes "abandonment" and as such is a form of malpractice.

I understand that my response was not exactly in response to your request; I was agreeing with you and trying to provide some clarification.
 

eye95

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Two cases on the topic are Lee v. Dewbre, (Tex. Civ. App. Amarillo 1962) and Hill v. Medlantic Health Care Group, (D.C. 2007). The general principle is that unilaterally severing the relationship while the patient still needs care without allowing the patient opportunity to find another provider constitutes "abandonment" and as such is a form of malpractice.

I understand that my response was not exactly in response to your request; I was agreeing with you and trying to provide some clarification.

And that is what I got from your post. It would not only be malpractice (a legal matter), it would be immoral (a matter of conscience) to abandon a patient receiving ongoing care.

However, I believe in the Liberty of a doctor to sever the relationship for any reason, even though ongoing treatment legally and morally should be transitioned.
 

since9

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Why would you want to support the practice of an anti-2A doctor by continuing to utilize his services? There are few occasions where I could see not having much choice. However, in most cases you should be able to find a much better doctor that isn't going to piss all over your rights.

I agree. Nine months ago, however, I drove to the emergency room as unbeknownst to myself, I'd seriously scratched my cornea and it'd become infected.

My eye was so sensitive I barely made it there, and it was getting worse by the minute. My father had to drive me home. Had the doctor refused service because I refused to answer questions about firearms, I would not have been able to drive myself to a different hospital. It's for these reasons such laws exist.

If a doctor insists on asking such questions despite any rebuff from me, I'd finish any urgent care with him/her and follow up with someone else.
 

eye95

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Laws already exist barring refusal of emergency treatment. No new laws are needed for that protection. The question at hand is whether a doctor may drop, as a regular patient, someone who refuses to answer a firearms question.

I say that doctors [strike]should[/strike] do have that right. A doctor in this thread pointed out that ongoing treatment should not be stopped in such a case, but instead provisions should be made for transition of treatment to another doctor. Such should not have to be a law as it represents ethical medical behavior and should be considered a "best practice" and required by State medical boards. However, it would also be a reasonable law as there is an implied promise that care, once started, will be completed. Folks don't have a right to go back on contracts.
 

since9

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Two cases on the topic are Lee v. Dewbre, (Tex. Civ. App. Amarillo 1962) and Hill v. Medlantic Health Care Group, (D.C. 2007). The general principle is that unilaterally severing the relationship while the patient still needs care without allowing the patient opportunity to find another provider constitutes "abandonment" and as such is a form of malpractice.

Thanks. That confirms conversations I've had with my cousin's husband when they're in town. He's been on staff with Cedars-Sinai in LA for the last 11 years.
 

Dreamer

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Grennsboro NC
Back to the OP, and getting this thread back on topic...

I think we nee to recognize this Brady/Florida suit for what it REALLY is. Brady knows that they will lose most of these sorts of cases--especially in pro-2A states like FL. The point o these lawsuits isn't for them to win--it's to decimate the bank accounts of pro-gun groups like SAF who will invariably come to defend against them.

This represents a MAJOR change in tactics for Brady. With the recent change at the top of the Brady organization, they are shifting away from a program based primarily on PR and propaganda, and are shifting toward an all-out litigation-based assault. They are essentially attempting to do for the "anti-2A" movement what SAF has been doing for the pro-2A side for the last several years--pound the cities and states with an avalanche of lawsuits, and hope that some of them stick.

The main difference is that Alan Gura and SAF are actually good lawyers, and never bring a case they don't pretty much have a slam-dunk on--and they are ALWAYS playing to win.

Brady does not care if they win or lose these cases. They are borrowing a tactic from the SPLC, which is to just sue people and organizations they don't like, and hope to drive them into bankruptcy through protracted legal battles. And they think they can do the same thing with us...

Mark my words, this lawsuit is just the first in an AVALANCHE of such attempts by Brady to empty the "war chests" of SAF and smaller, local groups like VCDL and GRNC...
 

MKEgal

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Jan 8, 2010
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in front of my computer, WI
since9 said:
If any doctor ever asks me if I own a gun, the only response I'll have for them is "What in the world does a question like that have to do with my medical care?"... "I'm here because I sprained my ankle. Let's focus on that, shall we?"
^^^^^^^^ This.

Cavalryman said:
There's no reason to ask if they have any of those things; my only concern is that if they have any of them, they have thought about the potential danger and secured them accordingly.
Bingo!
But you, sir, are a reasonable person who doesn't abuse your position of trust to get information which is irrelevant, nor to preach your views.
 

Gunslinger

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ADulay

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Punta Gorda, Florida, USA
Maybe, but I doubt it simply because whether or not your medical records identify you as a gun owner seems pretty irrelevant when you're standing in front of the counter attempting to buy a gun. It's really more about a small minority of rabidly anti-gun doctors trying to push their agenda through their professional status.

I must be very lucky. The last time I went to my doctor's office the first thing he asked was "Did you ever get rid of that PPK and get a decent carry gun?"

I think I'll hang on to him and his practice for as long as possible!

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