Lawsuit Stems From Involuntary Rectal Exam

Scott Kappes

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I came across an interesting and strange story today that I thought I would throw out there. A lawsuit has been filed on behalf of 38-year-old Brian Persaud in response to him being forced to undergo a rectal exam in a New York ER. Persaud was taken to the ER at New York-Presbyterian Hospital/Weil Cornell Medical Center, after sustaining an injury at a Midtown construction site. Subsequent to receiving 8 stitches in his head Persaud was told that he needed an immediate rectal exam to determine if he had any spinal cord injuries.

He adamantly refused the procedure after which he was down and forced to undergo the procedure. While struggling to prevent the examination Persaud freed one hand and struck a doctor. He was then sedated and a breathing tube was inserted through his mouth.

When Persaud came to he was arrested and charged with assault for striking the doctor. He lawyer managed to have the criminal charges dropped and then filed a lawsuit against the hospital. Persaud claims that the event has dramatically changed his life. He has not been able to work, has no trust in doctors or the police and claims to be suffering from post-traumatic stress disorder.

The question has been raised of when health professionals have the right to force a patient to undergo a procedure against his or her will. The hospital maintains that they did nothing wrong, but we will see how a judge feels about the issue. The case is set for trial sometime in March.

For more information on this subject, please refer to our section on Medical Malpractice and Negligent Care.