Author Topic: Man Says NYC Hospital Forced Rectal Exam  (Read 6594 times)

geronimotwo

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Man Says NYC Hospital Forced Rectal Exam
« on: January 17, 2008, 06:54:06 AM »
Quote
NEW YORK (CBS/AP) ― A construction worker is suing a Manhattan hospital, claiming that when he went to the emergency room after being hit on the forehead by a wooden beam, medical staffers forcibly gave him a rectal exam.

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.

sounds like a gang rape
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Fly320s

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #1 on: January 17, 2008, 09:27:23 AM »
The space aliens have invaded our hospitals!  shocked  Watch out for the anal probing.
Islamic sex dolls.  Do they blow themselves up?

K Frame

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #2 on: January 17, 2008, 09:39:14 AM »
How is this political?

It's NOT.

Moving to Round Table.
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Paddy

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #3 on: January 17, 2008, 09:42:02 AM »
Well, it sort of parallels what fedgov does to us all during taxtime.  laugh

MechAg94

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #4 on: January 17, 2008, 10:03:05 AM »
Is medical care no longer voluntary?  I was thinking about that case of the kid who got taken to the doctor by the SWAT team.  I didn't know if there were some new laws in the last few years that basically allow doctors and stuff to do treatments without consent. 

Makes you wonder what would become of things if we had full blown govt health care.
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geronimotwo

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #5 on: January 17, 2008, 09:41:52 AM »
my understanding is that if you are of "sound mind" then you may refuse medical treatment.

Quote
How is this political?


i really don't care where this is posted, but i would think that this is somehow tied to an individuals constitutional rights.
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crt360

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #6 on: January 17, 2008, 10:31:15 AM »
Is there something I should be remembering about my last trip to the emergency room with a head injury?  Why DID they give me that shot . . . heyyyyy, wait a minute now!  shocked angry

 laugh laugh laugh

There's a lot that could be said here, but I'll avoid it for the sake of our polite, youthful and/or innocent members.

I would definitely sue had I been in his position.

Don't you love how company spokespersons always say the case against them "is completely without merit and they are going to contest it vigorously."  Wouldn't you rather know what their lawyers are thinking?
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BryanP

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #7 on: January 17, 2008, 10:40:12 AM »
"Bend over."

"But I have a headache!"

"Bend over."

"Why, did one of my checks bounce?"

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K Frame

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #8 on: January 17, 2008, 12:02:37 PM »
my understanding is that if you are of "sound mind" then you may refuse medical treatment.

Quote
How is this political?


i really don't care where this is posted, but i would think that this is somehow tied to an individuals constitutional rights.


Think again.

It was not a governmental agency or elected official administering the alleged rectal exam.

It was a medical doctor and supporting staff administering the alleged exam.

This doesn't come even remotely close to being political OR Constitutional in nature.

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AmbulanceDriver

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #9 on: January 17, 2008, 12:57:02 PM »
Attending to Intern:  "Ok.  we've got a head injury case in here, now one of the things we can do to determine if he's suffered a spinal cord injury is this rectal exam."

Intern to Attending:  "Yeah, I remember that being discussed in lecture.  How does that work?"

Attending to Intern:  "Well, I'll demonstrate it on the head injury patient in there.  Follow me."

Attending to patient:  "Sir, one of the things we'd like to do to determine if you have a spinal cord injury is a rectal exam."

Patient to Attending, after brief "WTF!?!?" moment:  "I'm sorry, you wanna do what?   That's what I thought.  No thanks."

Attending to patient:  "Sir, I think it's in your best interest.  Now if you'll just lie on your side...."

Patient to Attending:  "I DON'T THINK SO!"

Attending to staff:  "Can I get some help in here restraining a combative patient!!!"

Staff then piles onto patient, patient fights back.

Attending:  "He's combative, he's got a head injury.  Let's paralyze and intubate him!"

Attending to Intern:  "Ok.  Now that we've got him unconscious and intubated, I'll demonstrate that procedure we were discussing earlier...."
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Sergeant Bob

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #10 on: January 17, 2008, 01:49:18 PM »
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Persaud's lawsuit, filed in Manhattan's state Supreme Court, seeks unspecified damages. A judge dismissed a misdemeanor assault charge against him.

I'd think there should be some criminal charges too. If one of us sedated someone and intubated them against their will we'd sure as he!! be in jail.
Personally, I do not understand how a bunch of people demanding a bigger govt can call themselves anarchist.
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grampster

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #11 on: January 17, 2008, 02:07:01 PM »

"I would definitely sue had I been in his position."


I'll bet you didn't even know what a great pun you made. laugh laugh
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AJ Dual

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #12 on: January 17, 2008, 04:43:17 PM »
Hard to say what happened here, but as Ambulancedriver hints, overzealousness to teach procedures of dubious value aside... I can see how the hospital would possibly be in a catch-22. Brain injury can cause the victim to be combative. And if the hospital misses a neurological or spinal problem and the patient dies, or suffers a permanent disability or motor deficit, they could be on the hook for millions in malpractice.

Of course, not listening to the patient's wishes and the personal dignity issues are huge too.

Sounds like it's a difficult call, and at least something muddled and difficult enough to actually be worthy of a court's time.
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MechAg94

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #13 on: January 17, 2008, 05:37:22 PM »
If so, they could have just gotten the patient to acknowledge with his signature that he was refusing to get a rectal exam despite it being recommended.  Doing it by using force and drugging him against his will is just not right. 
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gunsmith

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #14 on: January 17, 2008, 09:26:36 PM »
head injuries can be a real pain in the rear!
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280plus

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #15 on: January 17, 2008, 10:26:08 PM »
Apparently...
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HankB

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #16 on: January 18, 2008, 03:29:37 AM »
The hospital & ER staff are lucky he's only suing them; if that had happened to me or a family member, and the perps WEREN'T behind bars and charged with various and sundry crimes . . . their personal safety would not be assured.
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RobTzu

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #17 on: January 18, 2008, 04:50:57 AM »
Sounds like my visit to the Dentist.  Wisdom teeth were pretty far back there.

Manedwolf

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #18 on: January 18, 2008, 04:57:18 AM »
How is this political?

It's NOT.

Moving to Round Table.

Well, if it was a politician, they'd need to call in the proctologist to find their head?

280plus

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #19 on: January 18, 2008, 06:41:51 AM »
Ah, anal rectal inversion... a common malady amongst politicians.
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BridgeWalker

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #20 on: January 18, 2008, 08:27:29 AM »
.
Of course, not listening to the patient's wishes and the personal dignity issues are huge too.

Sounds like it's a difficult call, and at least something muddled and difficult enough to actually be worthy of a court's time.

Y'know, I hear what you are saying, and this not directed at you, but at the general attitude in this country.  That said: BS.  Someone else's potential liability *never* gives them the right to violate my personal freedoms.  Their right to act in fear of liability ends at the physical boundaries of my body. 

I was once subjected to a forced medical procedure.  Further, a whole lot of women are; it is routine procedure in obstetrics.  It is routine procedure in ER's.  It is illegal and wrong.  I don't think the fact that the SC has recognized the right to be free of unwanted touch is irrelevant.  Sure, the hospital cannot be guilty of a constitutional violation, but it is an indication of the extreme importance of this right that is also protected at civil and criminal law in addition to constitutional law.  And it is a real freaking shame that we're so sympathetic to the hospital's legal concerns that we're willing to even give them weight as an issue in the face of such blatant and egregious abuse and violation of a human being. 

You were afraid of being sued if you didn't do it?  Tough.  You get the signature, you cover your ass.  You do what you can.  And that's all you can do.  When you decide to extend your power into denying a person determination over his or her own body, you cross a serious and very ancient line and you need to pay, civilly and criminally.  Licenses should be lost over this.  Rapists should not be permitted to continue practicing in the profession they used to commit the rape.   

Sergeant Bob

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #21 on: January 18, 2008, 11:14:16 AM »
You go Walker!
Personally, I do not understand how a bunch of people demanding a bigger govt can call themselves anarchist.
I meet lots of folks like this, claim to be anarchist but really they're just liberals with pierced genitals. - gunsmith

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Tecumseh

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #22 on: January 18, 2008, 03:25:32 PM »
The hospital & ER staff are lucky he's only suing them; if that had happened to me or a family member, and the perps WEREN'T behind bars and charged with various and sundry crimes . . . their personal safety would not be assured.
They had no way of knowing whether his combativeness was due to head trauma or not.  They were trying to ensure his safety. So you would threaten people for doing their jobs?  Wonderful. rolleyes

Regolith

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #23 on: January 18, 2008, 03:46:27 PM »
I don't think the fact that the SC has recognized the right to be free of unwanted touch is irrelevant.  Sure, the hospital cannot be guilty of a constitutional violation..

No, but they can be guilty of assault and battery, which is what performing a medical procedure on a patient who refuses the treatment is classified as.
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BridgeWalker

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Re: Man Says NYC Hospital Forced Rectal Exam
« Reply #24 on: January 18, 2008, 03:49:46 PM »
but they can be guilty of assault and battery, which is what performing a medical procedure on a patient who refuses the treatment is classified as.

Um, Regolith, I'm glad we agree on this, but the way you quoted the first half of my sentence in a matter that looks like you're trying to refute it leaves me wondering if you caught the second half of the sentence, which read:

Quote
...but it is an indication of extreme importance of this right that is also protected at civil and criminal law in addition to constitutional law.