NY jury rejects rectal exam lawsuit .

pantsonfire321@aol.com · Thu Apr 24, 2008 12:35 am

Don't touch me there: NY jury rejects rectal exam lawsuit Tue Apr 22, 6:28 AM ET

NEW YORK - A hospital did nothing wrong when it tried to examine the rectum of a construction worker who had been hit on the head by a falling wooden beam, a jury found Monday.

After deliberating for about an hour, a state Supreme Court jury awarded nothing to Brian Persaud, who sued NewYork-Presbyterian Hospital for unspecified damages. The panel found the hospital and its emergency room medical staff were not liable.

Persaud's lawyers, Gerard Marrone and Gary DeFilippo, said he might appeal.

"We're very disappointed," Marrone said after the two-week trial. "It's a miscarriage of justice."

The hospital's lawyer, Jeffrey Lawton, declined comment.

Marrone said Persaud, 38, was injured while working at a construction site in midtown Manhattan on May 20, 2003. Persaud received eight stitches for a cut over his eyebrow at the hospital, but denied emergency room staffers' request to examine his rectum, the lawyer said. He said doctors told Persaud the exam could help determine whether the accident caused spinal damage.

When Persaud resisted, staffers held him down while he begged, "Please don't do that," Marrone said. Persaud hit a doctor while flailing around, so the staffers gave him a powerful sedative and performed the rectal exam, he said.

Hospital witnesses testified at trial that the exam was never completed, but Marrone said that when Persaud woke up he was handcuffed to a bed and had an oxygen tube down his throat and lubricant in his rectum.

"He resisted because he didn't know what they were doing," DeFilippo said. "Once he said he didn't want the rectal exam, everything should have stopped."

DeFilippo said he believes the rectal exam was done as retaliation because his panicked client hit the doctor.

A judge dismissed a misdemeanor assault charge that was filed against Persaud because he hit the doctor.

DeFilippo said his client is unemployed and has been unable to hold a job since the accident.

RedGlitter · Post by **RedGlitter** » Thu Apr 24, 2008 12:55 am

I had read about this a bit ago...it's a tough one to be sure.

In this case I have to side with the patient. Had the doctors been doing a procedure to save his life, that may have been different. But they weren't and in the end you own your own body, and no means no.

cars · Post by **cars** » Thu Apr 24, 2008 2:31 am

RedGlitter;845686 wrote: I had read about this a bit ago...it's a tough one to be sure.

In this case I have to side with the patient. Had the doctors been doing a procedure to save his life, that may have been different. But they weren't and in the end you own your own body, and no means no.
What Red said!

Accountable · Post by **Accountable** » Fri Apr 25, 2008 5:10 am

I had to check snopes to make sure this was for real. I can't believe the jury didn't award at least something to the guy. When did the rules change that a hospital can't perform any test without the patient's permission??

I hope he at least got in a good shot when he hit the doctor.

Accountable · Post by **Accountable** » Fri Apr 25, 2008 5:13 am

pantsonfire321@aol.com;845685 wrote: Hospital witnesses testified at trial that the exam was never completed, but Marrone said that when Persaud woke up he was handcuffed to a bed and had an oxygen tube down his throat and lubricant in his rectum.
I'll bet his insurance was charged for all that as well ... including the lubricant!

Accountable · Post by **Accountable** » Fri Apr 25, 2008 9:32 am

Acting like an ass hole to keep people from act ON his ass hole. :wah:

yaaarrrgg · Post by **yaaarrrgg** » Fri Apr 25, 2008 10:01 am

The doctor probably assumed he was one of the village people.

yaaarrrgg · Post by **yaaarrrgg** » Fri Apr 25, 2008 10:16 am

rjwould;846972 wrote: Maybe the doctor was a Village People wanna be. Did the Village People have a proctologist in the group? If not, they should have.

That's a good idea. They arrested the cop ... so maybe there's an opening.

Chezzie · Post by **Chezzie** » Fri Apr 25, 2008 11:44 am

My bottom is a no go area for anyone to interfere with...Tell you now if that was me id not be happy. Im on the patients side, his ass...his decision. He got violation against his will and should of won that case.

My poor nana who has now passed away had alzheimers and ended up in a home as she needed 24 hour care. One male nurse who apparently acted with my nans best interests at heart, noticed she was constipated and carried out a procedure called a manual evacuation on her although the practice wasnt allowed anymore. When we got the phone call off the home to say their was an investigation against the male nurse for doing so, I felt sick. She had the mind of a child and we could never talk to her about it. The guy was out of touch apparently, like I said he apparently only did it for her own comfort but in the process could of done untold harm. This kind of examination should never be done without consent. Oh yes he was dismissed by the home, nothing to do with us, we were never consulted except to inform us it had happened.

Trunk Monkey · Post by **Trunk Monkey** » Fri Apr 25, 2008 12:12 pm

Perhaps he got his appointments mixed up ?

Chezzie · Post by **Chezzie** » Fri Apr 25, 2008 12:18 pm

Trunk Monkey;847044 wrote: Perhaps he got his appointments mixed up ?

:wah::wah::wah: excellent trumpy monkey:D