Please Don't Do That': Man Says Hospital Forced Rectal Exam

  1. I've had five spinal surgeries, and twice they've done rectals to see if I had control over the sphincer muscle, but all were from LOWER back problems. He got clobbered in the head. I hope he wins.,2933,323186,00.html
    'Please Don't Do That': Man Says Hospital Forced Rectal Exam

    Wednesday, January 16, 2008
    NEW YORK — A construction worker claimed in a lawsuit 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.
  2. I would be pissed! handcuffed and 3 days in a detention center. lovely!
  3. i don't care what happened to him, a conscious person of sound mind has the right to refuse ANY medical procedure they choose, and forcibly penetrating someone's rectum when they have denied consent is rape.

  4. I totally agree. I recall when they told me they wanted to do one, I could refuse if I wanted.

    I can't see how it would have helped anyway, if he was knocked out. The whole procedure relies on the paitent being able to assist by "clamping down" upon request to check the sphincer.
  5. couldnt make that up folks..i guess

    and what is the deal? if you refuse treatment, an examination or anything of the kind you have that right to do so! dont they include that in those forms they make you fill out?
  6. I'm really not sure what to think.

    If I were denying medical treatment because I'm scared/shocked/upset for something as important as whether or not my spinal cord had be damaged, I would hope somebody would hold me down and do what's best for me. I bet it happens all the time: people come in scared, confused and lost in the moment and don't want anyone poking and prodding at them.

    Three days in a detention center, though...
  7. Totally agree with you :tup:
  8. That whole hospital admin and staff should be suspended. That is dispicable.
  9. Medical staff are supposed to help you, not harm you!
  10. Eek, this sounds like something off of Nip/Tuck! I feel sorry for the man! Hope his side wins!
  11. If the rectal exam was in fact important, it didn't seem like the emergency room employees went about it the right way.

    In medicine, patients have to give either implyed consent (like lifting your arms up so the doctor could help you with your shirt) or informed consent (where the patient reads exactly what the doctor is going to do, the possible side effects and whether or not there's an alternative).

    The health care professionals (and I'm using 'professionals' loosely) should have clearly explained why they needed to do what they do and why it was necessary.
  12. Oh my goodness, that's awful!

    ITA Caitlin, an explanation of the procedure's necessity would have been much better than a sedative and a pair of handcuffs. I hope he wins his case, there's no excuse for this.
  13. D'oh! I spelled 'implied' wrong!
  14. you shouldn't have said anything...I sure didn't notice ;)
  15. I'm very weird about stuff like that.

    Also, with informed consent, the patient also signs something saying they read and understood all aspects of the procedure.