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

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Should a patient decline a test or tests while in the ER one would think that yes, it would be explained EXACTLY why that certain test or test are absolutely necessary. While, no, I am not a medical professional, one would have to wonder why a digital rectal exam was so urgently necessary that they had to force the patient to receive it. Is this the only way that a medical professional can establish whether or not the patient has suffered a spinal cord injury? This seems extremely unlikely. What if the patient in question was sexually abused at a time in his or her life? Would this not be taken into consideration? There is a multitude of unfortunate situations that may have taken place but the bottom line is that the patient, much like the customer (and the patient IS the customer while in the hospital) is always right. Any physical violence in my opinion was self defense and my heart goes out to this man. yes, there could be more than one side to this story but if we take it for what it is then I say if I were on the jury I would do my best to have my fellow jurors realize how very vulnerable we are in the hospital and how it can be a living hell. I know this from my own experiences. Booked? Seriously? Does the patient have any rights? Did this happen in the United States of America? That doctor should be booked.

Dee of NJ 1:09AM May 31, 2011

The doctors should be arrested !
He should be sued and removed from his position never allowed to practice again.

Moi 12:22PM February 05, 2010

I should email my friend about this.

FogExext of AL 12:29PM December 13, 2009

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 3:03PM April 17, 2009

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 11:04PM April 30, 2008

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 5:14AM April 27, 2008

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 3:25AM April 25, 2008

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avbo esziwo of AL 11:00PM April 23, 2008

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dtnjsu dzhwpjxua of AL 10:58PM April 23, 2008

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 12:36AM April 23, 2008