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02-04-2008 12:48 PM  10 years agoPost 1
Droid

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Deep down in the Southwest- UK

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A Rectum, a Finger, and a Lawsuit in New York

Some cases are medical. Some are legal. Some, unfortunately, end up being both. New York State's Supreme Court is poised to consider the double-sided case of Brian Persaud, a 38-year-old construction worker who has reportedly sued a New York hospital for performing a rectal exam that he says he didn't want.

After receiving a head injury, Persaud was taken to the emergency room at New York-Presbyterian Hospital/Weill Cornell Medical Center, where ER docs conducted a work-up. The New York Times's blog City Room reports:

According to a lawsuit he later filed, Mr. Persaud was then told that he needed an immediate rectal examination to determine whether he had a spinal-cord injury. 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.

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.

I don't claim to know what the court should decide—heck, all I know about the case is what I've read online (here's another news report about it). But I can certainly sympathize with any patient who feels that a doctor ignored a request. I'd like to think that I can ask any doctor why a particular test or procedure is necessary and count on getting an explanation that will enable me to make a rational decision to agree to it. In fact, I once fired a surgeon—or maybe he fired me—when he failed that test of explanation. But a patient in the ER can't necessarily walk out the way I did. That's why good doctor-patient communication is so important.

Original excerpt here, BY BEN HARPER

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02-04-2008 01:26 PM  10 years agoPost 2
Ronald Thomas

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Gainesville, Fl, USA

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The whole case depends on what the mental status was of the patient. If he was alert and Oriented x4 (person, time, place, event) and he was deemed to be able to make decisions for himself, then he had every right to refuse. BUT just becuause someone is awake and talking does not mean they are AAOx4.
Now if he was unconscious when he came in, and they needed to do the rectal exam to verify whether or not he had the injury, then it would be done in the interest of saving the patient's life. In this case If he was conscious and alert and he said he DID NOT want to get that treatment, then it would be considered assault on the DOCTOR if he performed the procedure no matter what the situation was.
This guy will probably get a large sum of money from that hospital and this will turn into a whole fiasco by the time it is over......Ron

Team MikadoUSA 480XXTreme, 550SX, 600SX, 700XXTreme, 800XXTreme!!

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02-04-2008 01:43 PM  10 years agoPost 3
hootowl

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Garnet Valley, Pa.

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Yep looks like he's going to get a buttload of money

Wolves don't lose sleep over the opinions of sheep

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02-04-2008 01:55 PM  10 years agoPost 4
Bart B

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chicago illinois

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Yep looks like he's going to get a buttload of money
That sure stinks for the doctor....

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02-04-2008 03:01 PM  10 years agoPost 5
Droid

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Deep down in the Southwest- UK

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How can you determine a spinal injury by stick a finger up the rectum?? Surely just a " Can you wiggle your big toe for me?" would have sufficed!!

Patient-Doctor, doctor i've hurt my back....
Doctor-Just bend over a moment i'm going to insert a digit into your rectum. No, my prognosis is you are full of sh ite!

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02-04-2008 03:16 PM  10 years agoPost 6
Dustoff

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West Lafayette, IN - USA

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If you have a severe head injury. The MD would test to see if you had tone in your rectal splincters. It would show decorticate or decebriat postures(simple explanation: brainstem gone no spinal cord responses). But(oh my gosh did I just say that?) But if he was awake enough to punch the MD, I'd say he sure didn't need a rectal. But hey, that's just from a retired Paramedic.

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02-04-2008 03:25 PM  10 years agoPost 7
hootowl

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Garnet Valley, Pa.

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Tone in your sphincter? You mean an unreleased fart?

Wolves don't lose sleep over the opinions of sheep

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02-04-2008 06:18 PM  10 years agoPost 8
SSN Pru

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Taxachusetts

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lol

Stupidity can be cured. Ignorance is for life!

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02-04-2008 06:43 PM  10 years agoPost 9
Mr.Green

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Kaysville, Utah

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Sounds like we're not getting the full story on this one and the lawyers have skewed it a bit. I know at the hospitals I've worked at it is standard procedure that incoming "trauma" patients all get a finger in the rectum to check for blood and rectal tone. It's not like to doctor was doing it becaue he liked it, it was necesary to make sure the patient is OK.

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02-04-2008 06:45 PM  10 years agoPost 10
SSN Pru

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Taxachusetts

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I wonder if the doctor got a finger up the a$$ after being socked in the jaw?

Stupidity can be cured. Ignorance is for life!

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02-04-2008 06:56 PM  10 years agoPost 11
Wa11banger

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Huntsville, Al

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Well how could they arrest him if they felt he was not AAOx4 then he was not in his right mind when he socked the doc and the doc doesnt have a leg to stand on to have him arrested.

Also a large portion of combative behavior is associated with head trauma and or drug issues. But, I agree if someone has the straight of mind while laying down on a gurney to ring the bell of the physician best to give him some tylenol and a cold pack lol.. He obviously had accurate aim and good eyesight.

Proud member of the Quick UK, Duralite Flight Systems, V-Blade, & KBDD team

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02-04-2008 09:28 PM  10 years agoPost 12
easyrider1

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motorhome

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maybe he was saving his self for his wedding night.ouch!

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02-04-2008 09:34 PM  10 years agoPost 13
easyrider1

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motorhome

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beware! booty bandit still on the loose, more news at eleven.

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