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Why exactly is ok to shove a few fingers up someones ass when they request you don't. I'm sure he got a bill for an exam he specifically didn't want too. ing rapists.
http://news.yahoo.com/s/ap/20080422/...X5YKJieHrtiBIF
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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 s ches 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.
Why exactly is ok to shove a few fingers up someones ass when they request you don't. I'm sure he got a bill for an exam he specifically didn't want too. ing rapists.
If it had been me we would be looking at a quadruple homicide. Soon as I heard "rectal exam" and they tried to force it upon me I would have gone into beast mode and done more than hit a doctor. I hate doctors, it's that white coat syndrome they just totally freak me out.
When did a patient lose any right to the sanc y of his/her body?
If he didn't want the procedure to be performed, the medical staff should've ceased treatment and the patient should've been discharged. If something occured later, it's under the consequences of the patient's own action, or inaction. No treatment should be forced upon a patient.
This is precisely why I refuse to give birth in a hospital unless it is 100% necessary (because of the health of the baby or me, most likely needing a c-section). This sort of thing is routinely done to women in labor, and it's easy to wriggle out of any kind of lawsuit, despite the law requiring informed consent, because of emergent care situations. If they want to do it, they will, and will later claim they were acting in the best interests of your health.
The fact that he had a simple request that resulted in sedation, handcuffs, and a breathing tube, should be enough to tell you that he should have won.
Anyone going to the hospital should know their rights under informed consent and refusal and act accordingly. Those rights mean that you have the right to refuse treatment and the right to have all your options fully explained to you and privacy in which to make a decision regarding your treatment.
*This is not to say that all hospitals, nurses, doctors are bad, evil, uncaring, whatever. There are lots of good people and places out there, but you never know what you are going to get.
oh. i thought you and atrain were flirting again.
No means no...even if you're in a hospital.
Doctor:
Could you slide your shorts down
please, Mr. Lebowski?
The Dude's eyes open.
DUDE
Huh? No, she, she hit me right here.
Doctor:
I understand sir. Could you slide
your shorts down please?
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