Forced Rectal Exam

http://news.yahoo.com/s/ap/20080116/ap_on_re_us/unwanted_exam;_ylt=AnikxNz7Y.pnQ5amkUlu7WwuQE4F

A construction worker claimed in a lawsuit claiming that when he went to a hospital after being hit on the forehead by a falling wooden beam, emergency room staffers forcibly gave him a rectal examination.

Brian Persaud, 38, says in court papers that after he denied a request by NewYork-Presbyterian Hospital emergency room employees to examine his rectum, he was “assaulted, battered and falsely imprisoned.”

His lawyer, Gerrard M. Marrone, said he and Persaud later learned the exam was one way of determining whether he had suffered spinal damage in the accident.

Marrone said his client got eight stitches for a cut over his eyebrow.

Then, Marrone said, emergency room staffers insisted on examining his rectum and held him down while he begged, “Please don’t do that.” He said Persaud hit a doctor while flailing around and staffers gave him an injection, which knocked him out, and performed the rectal exam.

Persaud woke up handcuffed to a bed and with an oxygen tube down his throat, the lawyer said, and spent three days in a detention center.

A request by the hospital to dismiss Persaud’s lawsuit was denied by Justice Alice Schlesinger, who ordered a trial to start March 31.

Hospital spokesman Bryan Dotson said, “While it would be inappropriate for us to comment on specifics of the case, we believe it is completely without merit and intend to contest it vigorously.”

Persaud’s lawsuit, filed in Manhattan’s state Supreme Court, seeks unspecified damages. A judge dismissed a misdemeanor assault charge against him.

Wow. That’s just… wow.

He’s surely going to be the “Butt of the Joke” around the worksite when he gets back.

“misdemeanor ASSault charge” How apropos!

Who knew the Presbyterians were so kinky ?

Oh, I knew it.

Rectum…

(hopes someone finishes the joke)

[quote]dre wrote:
Rectum…

(hopes someone finishes the joke)[/quote]

Damn near killed 'em.

I can see how some arrogant little shit fresh out of medical school might have the idea that as a doctor he has the right to do whatever he wants to his patients, with or without their consent. But what the fuck was the hospital thinking, detaining the man against his will for 3 days?

Thank God for ambulance chasing lawyers and malpractice lawsuits!

“You can get a good look at a t-bone…”

[quote]Zap Branigan wrote:
dre wrote:
Rectum…

(hopes someone finishes the joke)

Damn near killed 'em.[/quote]

I knew I could count on you Zap!

[quote]Uncle Gabby wrote:
I can see how some arrogant little shit fresh out of medical school might have the idea that as a doctor he has the right to do whatever he wants to his patients, with or without their consent. But what the fuck was the hospital thinking, detaining the man against his will for 3 days?

Thank God for ambulance chasing lawyers and malpractice lawsuits![/quote]

The proper response should have been to have a psych consult to determine if the man were mentally competent, explain the purpose of the procedure and the possible outcomes for refusing treatment, and then ask him to sign a waiver if he still wanted to refuse treatment.

But I guess that would make too much sense…

I bet he’s going to get really annal about a settlement…sphynter!

[quote]Zap Branigan wrote:
…he begged, “Please don’t do that.”
[/quote]

“Don’t anally probe me bro!”

[quote]LIFTICVSMAXIMVS wrote:
Zap Branigan wrote:
…he begged, “Please don’t do that.”

“Don’t anally probe me bro!”
[/quote]

This actually made me spit out the water I was drinking.

stop taking cracks at the guy.

Wait. There is something wrong with this story…I just can’t put my finger on it…

http://www.volokh.com/posts/1200529384.shtml

[quote]BostonBarrister wrote:
http://www.volokh.com/posts/1200529384.shtml

[/quote]

Those are some long-winded motherfuckers over there…how do they ever find time to practice law ?

[quote]nephorm wrote:
The proper response should have been to have a psych consult to determine if the man were mentally competent, explain the purpose of the procedure and the possible outcomes for refusing treatment, and then ask him to sign a waiver if he still wanted to refuse treatment.

But I guess that would make too much sense…[/quote]

Exactly. I just find it odd that not only did they not explain what it was for (at the time), but also that the guy immediately refused without wanting to know what they thought they might find up his ass.

Maybe they did (or maybe he did). I doubt we’re getting all the facts from this one article, though, but I do agree with you.

“Excuse me, sir. You got hit in the head. Drop your pants and bend over so I can see if you’re alright.”