January 16, 2008
Bonk on the Head Leads to Anal Violation, Arrest
A 38-year-old construction worker from Brooklyn is suing New York Presbyterian Hospital for giving him more medical attention than he cared for, and then having him arrested. Brian Persaud went to the ER at NY Presbyterian after a plank hit him on the head at a work site, causing a head laceration that required eight stitches. Although Persaud walked into the ER and was fully mobile, doctors told him that he should get an anal exam to check for a spinal injury (apparently this is not unheard of).
Persaud demurred and said he didn't think that was necessary, but hospital personnel held him down and attempted to examine the man against his will. The patient struggled and managed to strike one of the doctors, while begging "please don't do that." After he struck the doctor, he was involuntarily sedated and had a breathing tube inserted while his doctor completed the exam.
When he regained consciousness, Persaud was arrested, dragged from the hospital in his breezy hospital gown, and booked for assault. A lawyer eventually got the criminal assault charges against him dropped, but Persaud says he hasn't been able to work since the incident, suffers from post-traumatic stress syndrome, and is seeing a psychiatrist.
The case of the unsolicited rectal exam will go to trial at the State Supreme Court in Manhattan on March 31st. We asked Dr. Jay Parkinson (whose knowledge of the case is limited to the Post's article) to opine:
An adult patient who is in their right state of mind can refuse anything...a test, a treatment, whatever. However, if there is any question regarding that person's ability to make a conscious, informed decision, that person would lose the right to decide for him/herself, especially if the results of that test would impact the outcome of the situation.In addition to being considered not of the mental capacity to decide for him/herself and If there is no person present appointed as this person's power of attorney and the situation is critical, then the doctors can do what they think is best for the patient. I would wager that the docs thought that this person was out of his mind when he fought like a child about a routine test. But of course, if you are a good physician, you can essentially talk anyone into undergoing anything because you believe it's in their best interest. It's about how you talk to them and how well you communicate the issue. This situation sounds as if there was very, very poor communication on both sides.
Since we know nothing about this person's state of mind during the incident (and considering that it was a blow to the head), I'm sure the case will revolve around proving this person's mental capacity at the time of the incident. But I definitely find it odd that an adult would fight hard enough to get themselves arrested over a stupid little test that is part of any trauma workup.
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So I take it Dr. Parkinson is not a proctologist?
Well, he should have been!
A psychiatrist and PTSD over a finger in the ass? Wow, people are really very sensitive these days.
Hmmm...sounds to me, like the time when I was 14, it was a Saturday night, and I had a throat suddenly so sore and full of pus, that my mother decided to take me to the ER. The diagnosis was probable strep throat (this was in the days before those fast throat cultures), antibiotics were prescribed,but the doctor tried to do a breast exam. My mother was doing some paperwork at the time, but I was so scared, that the doctor was going to touch me like that, that I croaked, "MOM!" and she came back into the exam room. When the doctor told her what he was going to do, she called him a pervert, a dirty old man, and that she was going to report him. Which she did...and since this was a small hospital, in a small city, no one did anything, but after he retired, a lot of women started saying variations on the same story.
If this man was moving, walking and talking, why the need to see if his spine was damaged? What were they going to do, induce an erection for thier own amusement and his embarrasment? Thats what it sounds like to me. I could see if he was suddenly incontinent, or had numbness or was paralyzed, but it sounds like none of that was going on. He was just good old fashioned ticked off, at how he was treated, is all, as anyone would be. I'd be interested in knowing if anyone else ever had this "necessary" test at this hospital.
moon river
The Babar book in the back is a brilliant touch Dave.
sounds like medical man rape to me.
This happens to me everytime I go to the dentist.
Not to be the grammar police, but "how good you communicate the issue."? Come on.
As funny as this is, the only reason the hospital probably wanted to do that is to keep from the patient coming back on them if anything does develop in the future.
They're damned if they do, damned if they don't. If they don't do enough, I guarantee any of the posters here would be on the phone to a lawyer.
Damnit kane! He's a doctor, not a grammarian!
Okay, so I was at Methodist hospital in Brooklyn for a week or so having my gall bladder out. One night, at like 3 am, a med student came in and said he was going to do a rectal exam. I was all, "Who are you? It's 3 am! And whey the hell would I need that?"
He left the room quietly, but I have a feeling most of the geriatric patients don't bother to say no. Creepy.
Was the attending physician named Dr. Wild Apache, The Savage?
got your whole hand up there doc?
Sorry about that real, real badd grammar.
I'm a busy guy and didn't proofread.
Damn. Next time.
C'mon, Dave... ou should know better. This wasn't real, this was a Family Guy episode!
http://www.youtube.com/watch?v=7iitQ6dMR8g
FYI, it's "ahh you using the whole fist, doc?"
Just to clarify. :)
Mags:
Wasn't there some pervert going around to area hospitals doing that to unsuspecting patients? I think I read that on here too!
If I'd refused a test--any test--and they decided to do it without my consent, I'd be punching some people, too. I fail to see how this could qualify as "poor communication on both sides," unless the guy didn't actually say no.
As usual, all you get is plaintiff & p's lawyer's comments.
Nothing about his mental status on presentation, complaints on presentation, whether he was intox, complaining of numbness, motor dysfuntion, loss of consciousness, anything that would interfere with his ability to give a true informed consent.
Hospital/Docs obviously cannot comment, because anything anyone says can (spun/misconstrued) be used against them.
Nobody gets zapped & tubed for a rectal.
Likely mental staus was such that staff were worried about intracranial injury in a combative patient.
Only way to tell is to be there, or next a review of the records.
Dadoc
If he was completely knocked out during the rectal exam, why is he so upset? He shouldn't be able to remember a damn thing about it!
However, the assault charge is BS though...if the Doctor truly thought that the patient was not capable of making rational informed decisions, than an assault charge should have NEVER been filed, and the fact that it was, completely undermines the hospital's case. Fighting the Drs. after serious head trauma is common....
meohmyinthenyc:
I didn't even think he was some wandering pervert, just a really odd and overzealous med student...
and kind of a pervert.
(And this was back in 2004)
Streamwise, it seems he was conscious when they first attempted it.
If Mr. Persaud was conscious and able to make an informed decision then that Dr. is an idiot.
A new definition for a "bad day": get a head injury at work, have an anal exam forced upon you and get charged with assault afterward.
Since when is a finger up the butt a "routine part of any trauma workup"? Sounds like the commentator may be another perv doctor.
I hope the so-called doc in this story does jail time for assault and has to support this guy for the rest of his life. Doctors are out of control and it's time we start reining them in. No, you can't actually force us to do things against our will because you have an MD after your name.
But, if this doc gets on off this type of thing, I'm sure he'll have lots of fun with his celly!
Brian Persaud issued the following statement:
"i will not turn a brown eye to this. i am going to sue that bastard and make him pay out the ass. i'm going to be real anal about this. no ifs, ands, or butts. sphincter."
Two points:
If the doctor thought he wasn't capable of rational thought and had to be restrained, how can you possibly file an assault charge now?
These two things can't be simultaneously true:
You are allowed to refuse any procedure.
Refusing a procedure is grounds for a doctor to question your mental state, therefore revoking your right to refuse a procedure.
True, Family Guy did an episode on it, as did Nip/Tuck... makes you think though... How much do you trust YOUR doctor?
Apparently, a rectal exam is no longer widely regarded as valid in detecting spinal injury. Can anyone confirm that this is true?
http://www.ncbi.nlm.nih.gov/pubmed/11379644?ordinalpos=1&itool=EntrezSystem2.PEntrez.Pubmed.Pubmed_ResultsPanel.Pubmed_RVAbstractPlus
Mr. Persaud seems to be exceptionally squeamish. Regardless, it appears that his rights as a patient were violated by the hospital. And how shocking is it that the hospital was Columbia-Presbyterian!!
Don't you just love a good tort in the morning?
What this version of the story isn't telling you is that he was involuntarily CIRCUMCISED also against his will. So, now we have:
Filing false charges against him for self defense
Sexual Assault
Unlawful detention (for being held down)
medical assault (for the circumcision)
If I were on that jury, he would OWN that hospital, the land upon which it sits, and that doctor's entire list of assets!
Are you saying Brian Persaud, was circumcised in the E.R? I haven't heard that one!
Persaud should, and probably will win this lawsuit. I doubt, it will even go trial. No hospital, unless they have really crappy attorneys, is going to risk a jury returning a full 26 million dollar verdict. Juries in general, have little sympathy for hospitals, and doctors.
Persaud had already been stitched up, prior to this
fiasco. I will wager, head trauma had already been ruled out.Otherwise, they wouldn't have been so quick to sedate, and intubate him. If he really did have a spinal injury ,fighting to hold him down, could have resulted in permanent injury.
The arrest,still in a hospital gown, further discredits the doc, and the hospital. If the man was so impaired ,he couldn't refuse a rectal,he was certainly to impaired to be arrested.
This has all the earmarks of an arrogant doctor, who overreacted to a difficult patient. Brian Persaud, may have acted a bit childish himself, but it was his right to do so. This is America!
I wonder if these idiots, are watching the John Ritter Case, where 14 million dollars, has already been doled out, and there may be even more awarded. If so, they are probably shaking in their boots.