A federal appeals court decision upholding a Florida law that stops doctors from asking patients about gun ownership likely will face further court scrutiny, says health care appellate lawyer David M. Walsh IV.
“Recently, the 11th U.S. Circuit Court of Appeals voted 2-1 to overturn a federal judge’s ruling that the Sunshine State’s ‘Docs v. Glocks’ law impinged upon health care providers’ rights to free speech,” says Walsh, a partner in Dallas-based Chamblee, Ryan, Kershaw & Anderson, P.C.
“Proponents of the law say it preserves patient privacy and curbs abuse of physician-patient confidentiality. When screening patients, many physicians ask about gun ownership, smoking, eating habits, and other variables. Lawyers representing doctors argue that banning such questions infringes upon doctors’ First Amendment rights by threatening them with heavy fines and the loss of their medical licenses if they ask those questions. This case poses interesting Constitutional questions and physicians’ attorneys have promised to appeal it further.”
Attorney: David M. Walsh, IV
