Diagnosis: Head trauma. Rx: Involuntary Invasive Procedure

[keird]

I found it on Fox News

NEW YORK ? 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.

Imagine if the doctor had a taser? Maybe this should go to Off Topic.

Title edited for suitability.

Elite Senior Moderator
Perknose

 

[jonks]

Thumbs up for the thread title :laugh: Don't anally rape me bro! But you, the cute nurse over there, no more than 3 fingers, ok?

 

[TheSlamma]

Maybe the title just needs to be upgraded from 9th grader talk to someone who doesn't live in mom's basement.

You also need to have some input on the subject.

 

[keird]

I'll head over to the 9th grader forum, then.

 

[pontifex]

Originally posted by: TheSlamma
Maybe the title just needs to be upgraded from 9th grader talk to someone who doesn't live in mom's basement.

You also need to have some input on the subject.

your comment sounds like you just joined today, but your info says otherwise.

 

[keird]

Edit: On topic; I support the medical staff. Central nervous system injuries can me easily masked. If the MD hadn't done this exam to a patient whom he could have suspected wasn't thinking straight ( I kill me!), he would have been liable. This was a prudent exam and dude was probably being way too dramatic and violent for the staff to fool around.

Thanks for moving this Mods. I suspect it may have not gone well in P&N.

 

[sdifox]

Originally posted by: sirjonk
Thumbs up for the thread title :laugh: Don't anally rape me bro! But you, the cute nurse over there, no more than 3 fingers, ok?

poor (maybe intentional) choice of euphemism?

 

[Vette73]

Sounds like a good case. You can turn down medical attention most of the time and i don;t see why he would not be allowed to do so in this case as well. When he said no and they forced him they broke the rules/law. They should have just had him sign a form stating he is turning down medical treatment that is recomended. Covers the docs butt at least

 

[keird]

Originally posted by: Marlin1975
Sounds like a good case. You can turn down medical attention most of the time and i don;t see why he would not be allowed to do so in this case as well. When he said no and they forced him they broke the rules/law. They should have just had him sign a form stating he is turning down medical treatment that is recomended. Covers the docs butt at least

I don't think you can make sound decisions for yourself if the MD suspects altered mental status. The MD has to look after the patient's best interest.

 

[hanoverphist]

Originally posted by: keird
Edit: On topic; I support the medical staff. Central nervous system injuries can me easily masked. If the MD hadn't done this exam to a patient whom he could have suspected wasn't thinking straight ( I kill me!), he would have been liable. This was a prudent exam and dude was probably being way too dramatic and violent for the staff to fool around.

Thanks for moving this Mods. I suspect it may have not gone well in P&N.

or you could look at it as

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.

an alternative for some other way that was available. if so, the man was obviously distressed at that test. alternative tests available should have been suggested by the doc instead of "bag, gag and tagging" the guy after slipping him a micky.

 

[Vette73]

Originally posted by: keird

Originally posted by: Marlin1975
Sounds like a good case. You can turn down medical attention most of the time and i don;t see why he would not be allowed to do so in this case as well. When he said no and they forced him they broke the rules/law. They should have just had him sign a form stating he is turning down medical treatment that is recomended. Covers the docs butt at least

I don't think you can make sound decisions for yourself if the MD suspects altered mental status. The MD has to look after the patient's best interest.

If he was talking normal and came in on his own, then the doctor would be wrong to do what they did. Theres a reason the judge did not throw this out, it has merit and the doctor/hospital will being paying for it.

 

[paulxcook]

If he was coherent and specifically said "don't do that to me" and they forced it, even if it's in his "best interest", they broke the law and deserve what they get.

 

[homercles337]

This is bullshit--a sign of someone trying to cash in on our litigious tendencies in this sick society. You can go AMA (against medial adice, also ADA) at any time. I have been in hospital with a clinician telling me that i was going to die if i left, i went AMA and now have zero confidence in the diagnostic skills of clinicians. Take home message: dont trust clinicians, they are mostly retarded and work with extremes.

 

[keird]

Originally posted by: hanoverphist

Originally posted by: keird
Edit: On topic; I support the medical staff. Central nervous system injuries can me easily masked. If the MD hadn't done this exam to a patient whom he could have suspected wasn't thinking straight ( I kill me!), he would have been liable. This was a prudent exam and dude was probably being way too dramatic and violent for the staff to fool around.

Thanks for moving this Mods. I suspect it may have not gone well in P&N.

or you could look at it as

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.

an alternative for some other way that was available. if so, the man was obviously distressed at that test. alternative tests available should have been suggested by the doc instead of "bag, gag and tagging" the guy after slipping him a micky.

I dunno if I agree in this case. Determining sphincter tone is a quick and easy way to check a certain nerve trunk. The potential harm to the patient is negligible and you can rule out nerve damage immediately. Imagine doing a CT scan that costs $1,000 and then having two doctors read it? The potential for a misread CT scan increases over a quick 'rectal wink' response. Again, if this guy was demonstrating a potentially altered mental status, the MD had to make the choice for him.

I also think the attorney is leaving out what his client actually did.

 

[Vette73]

Originally posted by: homercles337
This is bullshit--a sign of someone trying to cash in on our litigious tendencies in this sick society. You can go AMA (against medial adice, also ADA) at any time. I have been in hospital with a clinician telling me that i was going to die if i left, i went AMA and now have zero confidence in the diagnostic skills of clinicians. Take home message: dont trust clinicians, they are mostly retarded and work with extremes.

Did you even read it? he said NO! i.e. AMA, yet they held him down and drugged him and did it anyways. Like I said beofre, theres a reason teh judge did not throw it out, the case has merit.

 

[Modeps]

You know what else they give rectal exams for? Appendicitis. Clearly they just wanted me to be violated.
My ass had nothing doing with the side of my stomach, but they did it anyway, TIME FOR ME TO SUE!

:roll:

 

[keird]

Originally posted by: Marlin1975

Originally posted by: homercles337
This is bullshit--a sign of someone trying to cash in on our litigious tendencies in this sick society. You can go AMA (against medial adice, also ADA) at any time. I have been in hospital with a clinician telling me that i was going to die if i left, i went AMA and now have zero confidence in the diagnostic skills of clinicians. Take home message: dont trust clinicians, they are mostly retarded and work with extremes.

Did you even read it? he said NO! i.e. AMA, yet they held him down and drugged him and did it anyways. Like I said beofre, theres a reason teh judge did not throw it out, the case has merit.

You can't sign out AMA if you have altered mental status, though.

 

[Slew Foot]

First thing they teach you in trauma, EVERY patient gets a rectal exam.

The dude would be suing the hospital if he did have spinal damage(or GI bleeding) that wasnt diagnosed.

 

[Vette73]

Originally posted by: Slew Foot
First thing they teach you in trauma, EVERY patient gets a rectal exam.

The dude would be suing the hospital if he did have spinal damage(or GI bleeding) that wasnt diagnosed.

And it would have been thrown out. All the doc had to do is have them sign out AMA and that would be it. If the doctor thought he was out of his mind then he could have called in another doctor to exam his mental state.

 

[keird]

In any case, this guy got pwned. I mean it's like a typical ruffinol story, 'cept the medical staff didn't even give something that would cause a retrograde amnesia.

I would have love to know what the dude's thoughts where upon waking. 'Where am I? A hospital I think. What's with the cuffs? Why is me bum wet? Oh god!'

This is better than the Family Guy episode.

 

[Auric]

Originally posted by: Marlin1975

Originally posted by: Slew Foot
First thing they teach you in trauma, EVERY patient gets a rectal exam.

The dude would be suing the hospital if he did have spinal damage(or GI bleeding) that wasnt diagnosed.

And it would have been thrown out. All the doc had to do is have them sign out AMA and that would be it. If the doctor thought he was out of his mind then he could have called in another doctor to exam his mental state.

Problem being he was "out of his mind" at the thought of an anal probe.

 

[BigJ]

The least they could've done was buy him a drink first.

 

[Slew Foot]

You dont have time, spinal trauma needs to go to the OR emergently, you cant wait 30 min to an hour for psych to come in for a 5150.

 

[keird]

Originally posted by: BigJ
The least they could've done was buy him a drink first.

Talk about playing hard to get, though. Sheesh.

 

[Auric]

Originally posted by: Slew Foot
You dont have time, spinal trauma needs to go to the OR emergently, you cant wait 30 min to an hour for psych to come in for a 5150.

That's what all the doctors say. All we want is a little foreplay. Is that so much to ask? :brokenheart: