NY jury rejects rectal exam lawsuit
NY jury rejects rectal exam lawsuit
A New York City jury has decided that 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. The man had sued the hospital, claiming that he was examined against his will after being sedated and restrained.
The jury deliberated for about an hour, according to a report by The Associated Press. The state Supreme Court jury found the hospital and its ED medical staff were not liable and awarded nothing to 38-year-old Brian Persaud, who had sued New York-Presbyterian Hospital for unspecified damages. Persaud's lawyer, Gerard Marrone, JD, of New York City, issued a statement saying Persaud might appeal.
Persaud was injured while working at a construction site in midtown Manhattan on May 20, 2003. He was taken to the ED at New York-Presbyterian Hospital and received eight stitches for a cut over his eyebrow, but when ED staff attempted to examine his rectum, Persaud refused. Persaud said in court that the doctors explained why they needed to do a rectal exam: when a patient is brought to the ED after a serious accident, the standard of care requires examining the patient for unseen injuries, including internal injuries or signs of spinal damage.
Persaud adamantly refused and protested as staff held him down for the exam. After he hit a doctor during the struggle, the staff gave him a strong sedative. There was conflicting testimony at trial as to whether the rectal exam was completed. Persaud woke up handcuffed to the bed and soon was charged with misdemeanor assault against the doctor.
A judge dismissed the misdemeanor assault charge before Persaud sued the hospital.
A New York City jury has decided that 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. The man had sued the hospital, claiming that he was examined against his will after being sedated and restrained.Subscribe Now for Access
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