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

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Dark SHadows from the Past and Doctors Licenses

I have worked int he medical field for about 20 years. Yes. the patient should have the right to refuse any sort of treatment or exam that they feel is invasive and intolerable. Doctors always say that if you file on them and sue, they will have a dark mark on their records, this is not the case. The hearing would be reviewed by the medical licensing authority of the state in which the offence took place. They will never find against a fellow doctor. Just like one lawyer will never find against a fellow lawyer. The doctor will be scott free pay a little more for his malpractice insurqance and go ahead and force whomever he feels needs what ever sort of exam or treatment he chooses. Medicine is at best an educated guess, they are not Gods, not are they prefect by far. The system is the system and it is hard to fight the "good ole boys" that protect each other. Look at what is happening in our economey these days. The rich get richer and the poor get poorer and the middle class foots the bill. Always has been this way and always will be this way until he move to another form of existance that is something that most fear witbh their last breath.

Gabby of TX @ Apr 17, 2009 15:03:20 PM

Persaud Verdict

Persaud's lawyers say they will appeal. This case is far from finished. It may be heard by the U.S. supreme court. If it goes that far, Persaud has a good chance of prevailing. 4 justices are liberal and would be inclined to favor Persaud. One is unpredictable and often the swing vote. This might bring about a strange alliance, however,. The four conservative judges mostly favor individual and states rights. Note their stand on ssues such as gun ownership.

This could be very interesting. This court did agree to hear the Anna Nicole Smith case. As Yogi said "It ain't over till it's over"

mariah of SC @ Apr 30, 2008 23:04:05 PM

forced dre exam

i hope that man gets millions of dollars and everyone involved should be fired and have their medical licenses pulled, even the nurses and security staff. There is other tests that can be preformed and most doctor's need to give their head a shake. There are just like your and I. They make wrong decisions and they feel they are ammune from doing any wrong. Wake up doctor's u are not gods. Listen to your patients, you are not always right and patients have there own opinions and limits. Doctor's can force any medical exam by saying it was medically necessary. That is why in canada u have to be diagnosed by two doctor's and a shrink before they can force treatment. I am 29, i refuse genital exam's and rectal exam. I have had a medical directive made to cover me if a doctor claims i am not mental sound at the time. So if they proceed with any unconsented test i will make sure they will not be a doctor again

justin of CA @ Apr 27, 2008 05:14:52 AM

Brian Persaud verdict.

Jimmy

Persaud's attorney will probably appeal. So don't drown in your laughter just yet.

If you want to feel bad for someone, consider Dr. Maniago. He will always have the shadow of this case hanging over him. If anyone should sue him in the future, this case will be lurking in his background, regardless of what happens.

If the story presented in court is true, then it was highly trained judges who turned a blind eye to the evidence, and sent a meritless case to trial, after allowing it to hang around for five years. Maybe you should take issue with the New York State Supreme court.

Another scenario could be the hospital's attorneys prolonged the case themselves to collect more legal fees. If so they allowed Dr. Maniago to be a scapegoat. Maybe HE should sue them.

Whatever the reasons, Brian Persaud and his attorney could not have hijacked the justice system all on their own, if that is what occured.

Rumor has it Brian Persaud has a book deal. Geez imagine the theories Oliver Stone could dig up.

Where did you get the idea I represent anything, or anyone other than myself.

Dude I am a professional bullrider. Let me leave you with this. God bless Chris Shivers, God bless Merle Haggard, God bless America and if you don't like her, live somewhere else!

p.s. I carry Blue cross insurance which I pay for myself. with my own hard earned money.

zane of TN @ Apr 25, 2008 03:25:24 AM

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avbo esziwo of AL @ Apr 23, 2008 23:00:10 PM

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dtnjsu dzhwpjxua of AL @ Apr 23, 2008 22:58:50 PM

result

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.

Great result for your friend Brian. A few parting comments from a concerned member of the international community:

patient autonomy. If you are not an American, you may not understand this.

-> excellent comment, you sound like a well-travelled empathetic gentleman.

If our medical system is so screwed, why do so many seek to take advantage of it?Strange you never hear of anyone sneaking out of America

-> I suspect you're not a fan of Sicko

I wish you all the best in your future healthcare problems and I'm pleased that you represent a large HMO and profit in the legal profession from other people's misfortune.

Jimmy @ Apr 23, 2008 00:36:18 AM

Brian Persaud

By the way Jimmy, don't assume all doctors, and other medical professionals have their patients best interests at heart. Many of them do not. As with other professions, the bottom line is often the financial reward.

I work hard for my money (sometimes seven days a week). I pay my own insurance. I will choose my own doctors thank you.

I don't mind paying taxes to help seniors, and those who are disabled, but to able bodied men and women. GET A JOB!

As for Brian Persaud, I wish him total success.

Zane of TN @ Apr 19, 2008 02:49:10 AM

Brian PERSAUD

Jimmy, this is not a nonsense argument. This is a case of a man being sedated, and intubated against his will ,after refusing a medical procedure. This is an attack on a patient's autonomy. If you are not an American, you may not understand this.

If the hospital had a strong case, this would have been dismissed long ago.

Mr. Persaud had adequate insurance. He was not a charity case.

A caring health system created by the government? What a joke. When the government gets involved, you can count on one thing - DISASTER. I do not want more government meddling in my business.

Lyndon Johnson launched his so called 'great society' in the 60's. What happened? Well let's just say the poor are still with us. There is one difference. There are even more of them now. They are less educated ,and less able to fend for themselves. This is the end result of nanny state mentality.

One more thing. If our medical system is so screwed, why do so many seek to take advantage of it?Strange you never hear of anyone sneaking out of America, unless they are being pursued by 'Dog' Chapman.

None of this has anything to do, with what happened to Brian Persaud. His case is a clear example, of a physician stepping over the line. When you do that in America chances are you will have to, (as they say in Nashville), pay the fiddler.

Juries can surprize you, but I doubt Mr. Persaud will have to work again.

P.S. If this had been done to you, would it still be so entertaining? PROBABLY NOT.

Zane of TN @ Apr 19, 2008 02:33:26 AM

Health System

From an international perspective reading this aggressive and non-sensical argument was entertaining.

I don't think the debate would be so fierce if you had a caring health system established by government. Many of those focussing on 'arrogant' and 'mean spirited' health care professionals might stem from the astronomical costs involved. I know I'd selfishly demand a ridiculously large amount of money if I was dissappointed with the care received for turning over my hard-earned money. Doctors and health care professionals have their patients' interests as primary concerns and for those that can't see that I pity.

People of all ages and origins die in your country from inability to afford health care and I hope something will be done in this election year to ammend a system that is a relic to the rest of the world.

Jimmy @ Apr 17, 2008 21:40:41 PM

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This blog is the public workshop of U.S. News writer and editor Ben Harder. In articles published in the magazine, he has covered a range of sciences, including medicine, human behavior, prehistory, and evolution. Here, he can explore those and other scientific fields more fully and more informally than is possible in print. He'll share whatever seems noteworthy or potentially useful, and he invites readers to do the same.

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