DOJ indictment against Texas doctor has 'serious free speech concerns,' health care defense attorney warns

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Health care defense attorney Ron Chapman says whistleblower Dr. Eithan Haim will have a strong defense in court for exposing a children's hospital's secret transgender treatments.

Dr. Eithan Haim, the Texas physician who admits to having leaked hospital records alleging that doctors were performing transgender medical procedures on children and has pleaded not guilty to four felony counts related to the disclosure, has vowed to fight the charges and considers himself a whistleblower – albeit one who could spend a decade behind bars.

But statutes signed this year by President Biden could prove a significant obstacle. Biden signed an executive order in April that protects Americans' personal information. The order was intended as part of the effort to stomp out the popular social media app TikTok amid a raft of national security concerns. But Chapman said, 'When there's that regulation in existence, unauthorized access without specific permission then becomes a crime.

The indictment accuses Haim of illegally accessing personal information from the hospital's electronic system. This included patient names, treatment codes and attending physicians. Through the documents, Haim said he discovered that the Houston-based children’s hospital was continuing to perform transgender medical procedures – such as those involving implantable puberty blockers – according to the original report.

The problem is that if you legitimize this corruption in this process, then you shut the door for every other whistleblower in the country within the health care system,' Haim said. 'But with that choice, you empower these individuals, because you grant them the legitimacy which they do not deserve, right? 'So, even though the stakes are the highest possible stakes – my freedom – when you consider it in those terms, of course it's what we have to do.

 

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