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Tuesday, April 22, 2008

The An(n)als of Medical Law

Headline of the day: "NY jury rejects man's lawsuit about unwanted rectal exam."

The story is fairly simple: a guy was hit on his head by a wooden beam, so the emergency room doctors decided it was time to get all up in that ass. The New York Supreme Court said yesterday, "Yeah, that's cool":

[Attorney Gerard] Marrone said his client, 38, was injured while working at a construction site in midtown Manhattan on May 20, 2003. At NewYork-Presbyterian, he said, [client Brian] Persaud got eight stitches for a cut over his eyebrow.

Meanwhile, Marrone said, Persaud denied emergency room staffers' request to examine his rectum. The lawyer said doctors told him the exam was a way of determining whether the accident caused spinal damage.

When Persaud resisted, the staffers held him down while he begged, "Please don't do that," Marrone said. Persaud hit a doctor while flailing around, so the staffers gave him a powerful sedative and performed the rectal exam, he said.

Hospital witnesses testified at trial that the exam was never completed, but Marrone said that when Persaud woke up he was handcuffed to a bed and had an oxygen tube down his throat and lubricant in his rectum.

Even worse, the doctors never called him after that. Read the whole story here.

Hat tip: Dave Barry.

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