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Censorship in Your Doctor’s Office
New York Times, by Paul Sherman & Robert McNamara

Original Article

Posted By:LittleHoodedMonk, 8/2/2014 11:50:20 PM

When a doctor asks her patient a question, is the doctor engaged in free speech protected by the Constitution? If you think the answer is obvious, think again. According to a recent decision by the United States Court of Appeals for the 11th Circuit, everything a doctor says to a patient is “treatment,” not speech, and the government has broad authority to prohibit doctors from asking questions on particular topics without any First Amendment scrutiny at all. (Snip) Many patients probably prefer not to discuss their gun ownership with their doctor, just as others may not want to discuss their sexual activity or alcohol intake,

Comments:
Doctors don´t have time to talk about gun safety, let alone any other intrusion that 0bamaCare may be trying to have them question for political purposes.

      


Post Reply  

Reply 1 - Posted by: mc squared, 8/3/2014 12:06:02 AM     (No. 9951273)

Conflating questions related to smoking and gun ownership is absurd. Cigarettes are sold over the counter without background checks nor permits.

Any one who refuse to answer the gun question on principle will have that noted in the Obama care/IRS records.

Best to lie. Makes it all kind of silly doesn´t it?

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Reply 2 - Posted by: Jethro bo, 8/3/2014 12:18:44 AM     (No. 9951278)

So are all the questions a doctor ask now according to the NY Slime protected political speech? If asking about gun ownership isn´t defined by a court as protected political speech, then so too are all the other questions. Asking a political question isn´t part of medicine. It may seem so to liberals, but in reality disease knows no politics. The court is correct in recognizing that asking political questions (which can change based on the politicians in charge) has no business in the privacy of healthcare.

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Reply 3 - Posted by: pearlyjo, 8/3/2014 12:21:55 AM     (No. 9951279)

I read the article and it is a bit dishonest n its comparisons. Asking me if I smoke, imho, does constitute medical care. Asking me if I own a firearm does not. Asking me if I ever play Russian roulette with same firearm might constitute medical care, and it might not. But simply owning something does mean it causes me any medical problems, or am I just a dumb gun-owning bumpkin?

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Reply 4 - Posted by: Axeman, 8/3/2014 12:31:37 AM     (No. 9951283)

Do you ever buy fertilizer?
How many flags do you own?
How many motor vehicles? What kind?
Have you ever read the Constitution?
Inquiring minds want to know.
For "treatment" purposes.

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Reply 5 - Posted by: stablemoney, 8/3/2014 1:58:30 AM     (No. 9951315)

The cop asks: what´s your telephone number? Answer: I don´t have a telephone.

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Reply 6 - Posted by: ColonialAmerican1623, 8/3/2014 2:06:09 AM     (No. 9951319)

As long as 15 years ago, doctors were asking if we owned guns. Those docs were also typing your info in a computer and letting the insurer dictate your care vs examining you.

I resent the doctor´s office getting a bonus for asking personal questions. I resent the insurer sending overweight employees into my doc´s office to audit my records and making suggestions on my medications. Then I had to answer questions because my insurer wanted to know. Do I really have a doctor ?

Woe be unto those that do not read new patient forms or updating forms without reading them. Half way down the page it says "You do not have to fill out this form"
I have even seen some that give power of attorney to the physician. One asked for permission to email me with events and products the dermatologist sells. A couple seem to have the same attorney with a paragraph stamped on that you need to initial giving the doc permission to ´do anything" (not in this lifetime)
Your question should be "Do you own your own practice or does a management company employ you and your staff ?

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Reply 7 - Posted by: kono, 8/3/2014 2:31:30 AM     (No. 9951330)

The cigarette scenario put forth in the article is completely absurd. The PC press would lay siege to officials if that was ever tried.

The one thing I can foresee the government prohibiting, though, is asking questions or giving advice related to a patient´s sexuality or sexual activities. LGBT activist groups will press for that until it´s done.

But gun ownership and religious activity will be permitted, even required in some places, right?

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Reply 8 - Posted by: kono, 8/3/2014 2:34:00 AM     (No. 9951332)

#7 lost a few words, sorry.
´But questions and advice related to gun ownership and religious activity . . .´

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Reply 9 - Posted by: StuartL, 8/3/2014 3:22:54 AM     (No. 9951342)

Liked it better -- much better -- the first way, #8.

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Reply 10 - Posted by: SallyHerigstad, 8/3/2014 3:56:06 AM     (No. 9951347)

The doctor may want to give gun safety tips? Why, did they learn them in medical school?

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Reply 11 - Posted by: Hammock, 8/3/2014 4:46:39 AM     (No. 9951357)

Sherman & McNamara´s article is dishonest. Government-like entities requiring or rewarding your doctor for pushing a political point of view doesn´t make for a first amendment case. It´s dishonest that these hacks pretend this harassment of patients is not political in nature. It´s dishonest to opine that the doctors can give gun safety tips - as a group, they don´t know more about gun safety than anyone else. This article seems like a high school essay.

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Reply 12 - Posted by: Fiesta del sol, 8/3/2014 5:20:55 AM     (No. 9951365)

I will not answer if I own a fun. I refuse to answer family health history questions now. I want to maximize my chances at the death panel.

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Reply 13 - Posted by: tren9, 8/3/2014 7:06:18 AM     (No. 9951396)

There is a two-part answer to the question: Doctor, altho I don´t own a gun, I question just how much I can trust you as a doctor when you ask that question.

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Reply 14 - Posted by: flybynight, 8/3/2014 8:11:18 AM     (No. 9951440)

Patients will simply do what they have always done when faced with nosy medical questions: Lie.

Hm. That is a nasty gastritis. How much are you drinking? Oh, not much ... Maybe a little drinkypoo a couple times a week.... Buzz! Wrong answer.

Oh, bronchitis again? You a heavy smoker, right? Oh, no, just socially at parties, .... Buzzz. Liar, liar!

Ugh. Where did you pick up this STD? You know your contacts need to be treated, too, right!? Honest, must have been a dirty toilet seat, Buzzzzz!

So how is this any different? Just lie like all the other stuff. Btw, my "family doc" refuses to belabor people about their dumb choices. They know all that stuff, and choose poorly, no matter what he says, so why bother?

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Reply 15 - Posted by: ROLFnader, 8/3/2014 9:02:28 AM     (No. 9951505)

Well Doc, before I answer that, could I have your home phone number and your social security number?

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Reply 16 - Posted by: jackburton, 8/3/2014 9:15:40 AM     (No. 9951532)

People who regularly attend church live longer, are happier and healthier.

When will docs start asking about church attendance and affiliation? When will they start recommending the same?

(answer: of course, never. It isn´t PC.)

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Reply 17 - Posted by: antiquegolf, 8/3/2014 9:27:30 AM     (No. 9951560)

Poster 14 is correct, just lie if a doctor asks if you own a firearm. Tell the lie with a clinical, matter of fact tone of voice while looking the doctor directly in the eye. Then find a competent physician who does not ask political questions.

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Reply 18 - Posted by: zoidberg, 8/3/2014 9:57:08 AM     (No. 9951612)

They can ask me as much as they like. But, I will always answer NO.

(Just Say No is sounder advice in this context than it is when it comes to drugs.)

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Reply 19 - Posted by: provide, 8/3/2014 10:41:40 AM     (No. 9951675)

I´d spin a tale right from Errol Flynn´s biography.

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Reply 20 - Posted by: obviousity, 8/3/2014 1:05:22 PM     (No. 9951848)

Told my doc he´d best hone up on his veterinary diagnostic skills and I was no longer answering his questions.

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