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Man Sues After Necessary Rectal Exam

rectal.jpg
Litigious just got a new name: Brian Persaud.

A construction worker claimed in a lawsuit 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 New York-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.

Yet they have not dropped the suit.

Persaud objected so much to the exam that doctors were forced to drug him and then handcuff him to a bed. Issues much?

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By:           Andrew Belonksy
On:           Jan 16, 2008
Tagged: , ,
18 Comments

No. 1 · Jack Jett · Member · 323 comments

Persaud objected so much to the exam that doctors were forced to drug him and then handcuff him to a bed. Issues much?
_____________________________

That’s fucking hawt!!!!!!!

BTW, where can one purchase the item in this photo is one were so inclined to want to puchase such an item? I’m just askin’………..

Posted: Jan 16, 2008 at 5:02 pm · @ReplyReply to this comment · [Flag?]
No. 2 · Becca · Member · 58 comments

The story is a bit more involved than described here, like how Mr. Persaud was arrested. The Hospital may have gone too far. Can you force medical procedures on someone?

Read more details here…
http://cityroom.blogs.nytimes......questions/

Posted: Jan 16, 2008 at 5:08 pm · @ReplyReply to this comment · [Flag?]
No. 3 · NetworkGuy

Planet Out and OUT Magazine are sure fucked in the ass. If I was an employee being told that I am getting a pink slip, I would very bummed!!!

Planet OUT, OUT Magazine and the Advocate go dark! The company told its employees that they will no longer hold earnings conference calls or give future guidance. From here on out, all communications with investors will be made through its SEC filings. PlanetOut, which has hired Allen & Co. for the process, warns it is doomed for closure!

Warnings of the company’s demise have been coming for a long time – ever since its financial condition deteriorated. Early last year, it said it had hired Allen & Co. to help it raise money and stave off bankruptcy. Did it work??? Inquiring minds want to know.

Posted: Jan 16, 2008 at 5:09 pm · @ReplyReply to this comment · [Flag?]
No. 4 · WWH · Member · 255 comments

Jack Jett should find Mr. Persaud and spit fuck him.

Posted: Jan 16, 2008 at 5:15 pm · @ReplyReply to this comment · [Flag?]
No. 5 · DavidDust

He says “forced rectal exam” – I say “making love”…

Posted: Jan 16, 2008 at 5:41 pm · @ReplyReply to this comment · [Flag?]
No. 6 · Tintin Malfoy

Mr. Persaud is one kinky bitch.

Posted: Jan 16, 2008 at 6:07 pm · @ReplyReply to this comment · [Flag?]
No. 7 · spunkbox

OMG, I totally founf footage of that rectal exam:

http://spunkbox.blogspot.com/2.....octor.html

Posted: Jan 16, 2008 at 6:15 pm · @ReplyReply to this comment · [Flag?]
No. 8 · Pabasa

It seems to me like a lose-lose situation for the hospital.

Hospital staff are not permitted to even touch a patient unless he or she has given verbal or non-verbal permission or he or she is unable to make the decision, or if it is an emergency case. In the above case he clearly did not give permission to give him a rectal exam. Staff in the wrong here.

On the other hand, if he really *did* have a spinal injury, and the hospital did not do the rectal exam to find the injury, he could have sued for negligence instead.

Then again, refusing a rectal exam for your own good. he probably does have issues.

Posted: Jan 16, 2008 at 7:02 pm · @ReplyReply to this comment · [Flag?]
No. 9 · FormerFirstResponder

The guy was hit on the head. The medical staff could have reasonably assumed that his stubborness was a result of concussion, and that he was not capable of providing informed consent. In such cases implied consent is given to the medical personel.

Posted: Jan 16, 2008 at 7:07 pm · @ReplyReply to this comment · [Flag?]
No. 10 · FormerFirstResponder

Pabsa said:
“Hospital staff are not permitted to even touch a patient unless he or she has given verbal or non-verbal permission or he or she is unable to make the decision, or if it is an emergency case. In the above case he clearly did not give permission to give him a rectal exam. Staff in the wrong here.”

You are wrong, in the case where it is reasonable to believe that patient is an altered state (such as this case where he was hit over the head) the medical staff can determine that he is (temporarily) capable of making his own decisions.

Posted: Jan 16, 2008 at 7:09 pm · @ReplyReply to this comment · [Flag?]
No. 11 · dvlaries · Member · 987 comments

Sounds to me like the hospital could have done a much better job of explaining why it was necessary and just didn’t bother. Handcuffs and drugging? This was assault. Those making light of it, I can tell you, when you’re the only one in the room naked, you know you’re not at any fucking party. I hope Persaud gets a bundle – he would if I were on that jury.

Posted: Jan 16, 2008 at 7:23 pm · @ReplyReply to this comment · [Flag?]
No. 12 · FormerFirstResponder

No. 11 dvlaries says:
” I hope Persaud gets a bundle – he would if I were on that jury.”

As long as the hospital can show that he was not capable of making an informed decision due to altered mental state he’ll get nothing.

Posted: Jan 16, 2008 at 7:30 pm · @ReplyReply to this comment · [Flag?]
No. 13 · Meeg

Some things can only happen in lawsuit land, if you know what I mean.

Posted: Jan 16, 2008 at 7:35 pm · @ReplyReply to this comment · [Flag?]
No. 14 · Jack E. Jett

So are you telling me that I can go to a New York Hospital, have a safe quick fuck, get some drugs and later win a major lawsuit???????

I am sooooo there!

Posted: Jan 16, 2008 at 8:12 pm · @ReplyReply to this comment · [Flag?]
No. 15 · hells kitchen guy

” I hope Persaud gets a bundle – he would if I were on that jury.”

Exactly why health care in this country is so ridiculously expensive. The guy wasn’t physically hurt in any way, was he? Whatever happned, “Gee, sorry,” and done with it.

No, has to have a lawsuit and “a bundle” of money.

Posted: Jan 16, 2008 at 9:27 pm · @ReplyReply to this comment · [Flag?]
No. 16 · alan brickman

had him back his dress …and send him home…..

Posted: Jan 16, 2008 at 11:25 pm · @ReplyReply to this comment · [Flag?]
No. 17 · matt123 · Member · 53 comments

strange for this. “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.”
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Posted: Jan 17, 2008 at 4:27 am · @ReplyReply to this comment · [Flag?]
No. 18 · Ryan

Ha…this was a Family Guy episode…well sort of. Peter sues his doctor for sexually abusing him during a prostate exam.

Posted: Jan 17, 2008 at 11:23 am · @ReplyReply to this comment · [Flag?]

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