Consumerist
A 38-year-old construction worker who suffered a head injury on the job was sedated and given a rectal exam against his will, says the New York Times.
The patient was taken to to the emergency room at NewYork-Presbyterian Hospital/Weill Cornell Medical Center, given 8 stitches on the head, and was told he would need a rectal exam to see if he had a serious spinal injury.
He refused.
He adamantly objected to the procedure, he said, but was held down as he begged, "Please don't do that." As Mr. Persaud resisted, he freed one of his hands and struck a doctor, according to the suit. Then he was sedated, the suit says, with a breathing tube inserted through his mouth.The hospital denies wrongdoing and will probably argue that because the patient suffered a head injury, they could not be certain of his mental state. The patient says that he clearly refused and that his rights were violated. The trial is scheduled for March 31.After Mr. Persaud regained consciousness, he was arrested, then taken — still in his hospital gown — to be booked on a misdemeanor assault charge. Gerrard M. Marrone, who was Mr. Persaud's lawyer, got the criminal charges dropped, then helped Mr. Persaud file a civil lawsuit against the hospital.
"Psychologically, it changed his life completely," Mr. Marrone said of the episode. "He hasn't been able to work. He has absolutely no trust in the system at all: doctors or the police. He has post-traumatic stress syndrome."
Forced Rectal Exam Stirs Ethics Questions [NYT]
(Photo:Getty)
Comments
Just wait until Mr. Persaud gets the medical bill.....
Unable to work my ass. How does getting a rectal exam make him unable to work? There's no way in hell this caused him that much pain and suffering, he's just using the system.
They shouldn't have forced the rectal exam, and having the criminal charges dropped is the most this guy should get.
Just wait til the hospital gets the insurance bill after they have to pay out a few million...
Wouldn't it have been easier to take an X-ray?..
Maybe the world really is starting to resemble Family Guy in odd ways.
@kittenfoo: And if the Dr. didn't do the exam, and the guy ended up having injuries leading to his being unable to work, trust the system, and suffering PTSD, you'd be asking for the same thing I bet?
Isn't this a Family Guy episode?
@johnperkins21: An exam while he was sedated? I don't even think colonoscopy patients get that luxury.
Who knew, my ass could sing? Deep baritone, no doubt.
Is that like a dial tone?
I thought it was bad to sedate patients with head injuries..
"That thing better have numbers on it!"
- Old punchline
"He hasn't been able to work. He has absolutely no trust in the system at all: doctors or the police. He has post-traumatic stress syndrome."
Oooooo. I'll take "frivolous lawsuits" for $200 million Alex.
Head injuries are generally cleared by a CT scan.
WTF does a rectal exam do? Plus the hospital can bill a $1000 for the CT. What does an a$$ probing cost get billed at.
Jeez doc, you make more dough the CT not the butt probe. Get with it!!
Instead of punching a doctor he should have tried his hardest to clear his bowels.
@DojiStar: It checks for rectal tone. I wonder if you can tone your rectum like you can get toned abs?
What if someone declines a much-needed emergency treatment, but isn't in his or her right state of mind (traumatized, head injury, etc) at the time, the doctors don't perform the treatment, and the patient suffers because of it? Can he/she then sue? That's more the reverse of this situation--just curious.
Having been in the hospital recently myself--I felt so out of control there. There were times where I was asking them to stop poking me with needles (they couldn't get the IV in), but I was really out of it, and really needed the IV.
But what if I had really, really wanted them to stop trying it? I don't think they would have...should they? It gets into tricky territory.
@GitEmSteveDave: Rectal tone? Isn't that where the expression 'talking out your ass' comes from?
@johnperkins21: Last I checked, unwanted forced penetration of this nature is called 'rape' even if you are a doctor. Further repercussions are required.
@ GITEMSTEVEDAVE: There are *other* methods of checking for spinal damage. Your false dichotomy does not prove any point.
I doubt anyone did a psych eval on this guy before forcing this exam on him, without one they were at best shooting from the hip when claiming he might have been mentally disabled at the time because of the injury. I wouldn't expect that excuse to hold up in court. Yes, doctors are more knowledgeable about medical conditions, however even then they still have to verify conditions, not just "guess" someone "might" be incapable of making decisions.
But seriously, apparently, your sphincter dows not react "normally" if you have a injury. I found this which supports the Dr.
[books.google.com]
@svreader: Oh, and I realized the treatment in the article probably wasn't desperately, but I was wondering more generally.
@johnperkins21:
Haven't you heard of the "gay panic" cases? It goes like so:
A gay person finds you attractive and decides to hit on you. Being the ignorant, homophobic person you are, you are completely and utterly scarred by the transgression and therefore have no choice but to brutally assault them.
The defense argues some sort of mental defect that caused the assaulter to go postal on the gay person. It's essentially an attempt to explain homophobia as a mental disease.
The guy in this case probably had a really hard time letting a doctor get anywhere his rear end.
That being said, he did not consent to the procedure, so I think he probably has (or at least should have) a good case.
Rectum? Damn near killed him!
whatever happened to "No means no?"
@jtheletter: I agree there may be other ways, but sometimes a simple test is needed in the field/the ER. From what I read, this is a test that can be done to people of all ages. Shock is a funny thing, and can alter your judgment/feelings. I got my head hit with a rock, and until I saw the blood, I didn't think there was anything wrong. I could have had a concussion, and not have even known it then.
@jtheletter: You are in for a rude awakening once you cross 40 and have to get a yearly prostate exam.
If the hospital was smart, they'd say "We had to put him out because he became unruly. No one stuck anything in his anus."
I don't think the doctor should be able to perform an unnecessary procedure even if the patient was not mentally able to make the decision. It seems to me that if the doctor had suggested a different procedure, the patient would have accepted. For all we know the guy was anally raped as a kid and doesn't want anyone to go back there for anything.
I have a lot of sympathy for patients having the right to refuse treatment.
But post-traumatic stress syndrome? What a fucking lie. Give him $50 for his trouble.
Can't anyone refuse medical treatment (except for a psych. patient that's likely a danger to themselves or others), you sign an AMA (against medical advice) form which protects the hospital and patient goes on their merry way.
Having been in the hospital recently myself--I felt so out of control there. There were times where I was asking them to stop poking me with needles (they couldn't get the IV in), but I was really out of it, and really needed the IV.
@svreader: Couldn't they have gotten someone else to find your vein instead of stabbing you a billion times?
You are in for a rude awakening once you cross 40 and have to get a yearly prostate exam.
@mercurypdx: No one is legally required to have a prostate exam. I don't think doctors can force one on you.
Rectum? It nearly killed him!
@bunnymen: No, this is actually funny.
@johnperkins21: The guy may be going overboard with his claim, but unfortunately that's how the legal system works. Always ask for waaay more than you think you should get, because the defendant is going to try to weasel out of every penny.
Think of it in terms of a negotiation: you always ask for higher than you think you will get, and the other site always starts with a lowball bid.
All of that is secondary to the issue, however. The guy certainly has a right to seek damages for the hospital performing a procedure against his will/consent.
@Me: A little late there, killer.
You'd think they wouldn't mind doing something else to check for injuries. An x-ray would 1) cost more money and 2) not require the doctor to put his finger in someone's butt.
Besides, if he did have spinal injuries wouldn't they need to do an x-ray anyway?
Post-traumatic stress may be reaching but I can't imagine that being held down and drugged before being taken to the police station practically naked doesn't cause at least a little stress.
@mercurypdx: A prostate exam is still voluntary, even at 40. No ones forces you to get one, in fact you're welcome to never get one and accept added risk of not diagnosing cancer. This patient refused this exam. The tenuous argument is that he was possibly not in a state of mind to make such a decision. Until evidence is brought forth that he was not in a proper mental state then that argument holds no water. And since we see after the fact that there was in fact no brain trauma then anyone who says they determined otherwise had better have damn good evidence for making the wrong diagnosis in this regard.
@GitEmSteveDave: I'm sorry, I must have missed the part where the hospital was in triage mode and incapable of choosing a more time consuming option to check for spinal damage. They apparently had enough free staff to hold down and sedate a construction worker.
@jtheletter: It was an ER. And they are called security or the police.
@Rectilinear Propagation: "No one is legally required to have a prostate exam."
No, but you'll probably need to get a yearly one if you want to be covered by health insurance.
@GitEmSteveDave:
I had a colonoscopy just months ago and they do sedate you during it. Unless you wake up in the middle of it, you don't know it happened.
@Adam Rock: Nice that is the first thing that came to my mind when I read this article. So halarious...
And also.. I am sorry I am 23 and have had to do 2 of those because of a prostate infection I had while back ago. And they are nothing to get upset over. You are 38 get over it...
The guys' been watching too much TV. Specifically family guy...
Mooooooooooooooooon river!
@GitEmSteveDave: What is wrong with you? No doctor needs to examine your rectal cavity to determine the existence of a spinal injury.
This is a clear cut case of rape.
"Look no hands....it's magic!".
I'm not a fan of the medical establishment. Just spent a week there and it's amazing what they charge, what they force on you so they can charge, and above all what they'll settle for in payment if they're part of your insurance providers network.
As for: "Psychologically, it changed his life completely," Mr. Marrone said of the episode.
Yeah I'd be saying that too if there were lawyers involved. I wonder if getting the bills making you "feel like you just took it in the ass" qualifies?
@GitEmSteveDave & stinerman & Shadowman615: I'm not saying that the doctor was right, there's no way for me to know not being a doctor, but a rectal exam is not a life-changing event. The guy can still go to work. He's lying on the lawsuit, which should be grounds for dismissal and incur criminal charges against him.
He can say that it was traumatic and that he doesn't trust doctors anymore, and sue for emotional distress. The guy is a lying prick out for a quick buck and I have zero sympathy for him.
@waydownriver: Say that again after you've been anally raped by a guy who was supposed to be helping you.
There's this thing called compassion... you might want to check it out. It has a tendency to come back at you when you have it and stay away when you don't.