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Tuesday, April 22, 2008

Lawsuit of the Day

posted by on April 22 at 8:30 AM

peterprostate.jpg

A jury in New York ruled that a hospital did nothing wrong when it administered a rectal exam over the objections of the man whose rectum they ultimately examined.

Marrone said Persaud, 38, was injured while working at a construction site in midtown Manhattan on May 20, 2003. Persaud received eight stitches for a cut over his eyebrow at the hospital, but denied emergency room staffers’ request to examine his rectum, the lawyer said. He said doctors told Persaud the exam could help determine whether the accident caused spinal damage.

When Persaud resisted, 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.

It seems a little silly not to submit to a rectal exam if emergency medical staff think you need one. And I think I know where this guy is coming/panicking from: Every day at “Savage Love” I get letters from straight guys convinced that there’s some sort of “hetero-systems-override switch” in their butts. Flip that switch accidentally—with a finger or a sex toy—and wham! You’re a homo! And I’m not down with smacking doctors. But… uh… don’t adults have the right to refuse any and all medical treatment? Even potentially life saving treatments?

Via JoeMyGod.

RSS icon Comments

1

IF the guy doesnt want a rectal exam he shouldnt be held down, he shouldnt be sedated, and he shouldnt be made to think he was anally violated. And most straight guys dont think a little ass play is gonna make them homo (I know I dont), ass play against your will is rape, plain and simple.

Posted by Bellevue Ave | April 22, 2008 8:36 AM
2

Let me get this straight (no pun intended) the guy had a head injury to his eyebrow an they wanted to examine is rectum? Really, the rectum has what to do with 8 stitches over one's eyebrow? Hitting the doctor was wrong but yeah, I could see malpractice here.

Posted by Andrew | April 22, 2008 8:38 AM
3

If parents can sentence their kid to death by refusing blood transfusions on religious grounds, then that guy should've been able to say "No finger up my ass, please."

Posted by tsm | April 22, 2008 8:41 AM
4

Yes, you do have the right to refuse care, however if you have a significant head injury there may be an issue of consent. while you're able to physically say that you don't want certain treatments/diagnostics performed, having a head injury calls into question your ability to make medical decisions for yourself.

To add to that confusion, combativeness is often seen in patients with neurological damage, so his actions may have reinforced their belief that he was not "in his right mind". If they thought that he had a significant enough injury that he wasn't competent to make decisions about his care then implied consent takes over and they are perfectly within their right to sedate him and perform medically necessary exams.

Posted by crystina | April 22, 2008 8:43 AM
5

penetration - (consent) = rape.

It's intentional assault, not mere malpractice.

Posted by unPC | April 22, 2008 8:46 AM
6

This man's course of therapy seems mighty peculiar to me. He didn't go into the ER for an annual physical, he had a bloody eyebrow cut. Last time I looked, eyebrows, at least those I happen to have, were located just above each eye. I know it is wrong to make assumptions based solely upon personal data, so I did a short visual survey of those around me and they, too, seem to have their eyebrows located just above their eyes as well. And no one I observed had their eyes located anywhere near their sphincters. Unless Mr. Persaud is built differently, I'd say his attempted hospital fingering makes no sense. And if he is lucky enough to have insurance, I am certain that insurance will question the charges for the unwarranted procedures involved in this medical event.

Mr. Savage - it's http://joemygod.blogspot.com/, not "www.joemygod.com".

Posted by E B | April 22, 2008 8:50 AM
7

@2 They wanted to examine his spinal column, which apparently is easiest to reach through the anus.

Posted by UNPAID BLOGGER | April 22, 2008 8:50 AM
8

@4 - Thank you for pointing that out. I was thinking the same thing. However, I have to wonder, couldn't they have just offered him a less invasive (although admittedly more expensive) method of examining his spine such as an xray or CT scan? That would have saved everyone (except his insurance company if he had one) a whole lot of trouble.

Posted by DanFan | April 22, 2008 8:56 AM
9

Sorry folks, but crystina @4 is totally correct on this one (at least in Washington State).

Patients who are unable to give informed consent imply willingness for necessary tests and treatments.

I believe all trauma patients still get the "Harborview Handshake" on their way into the ER.

Posted by six shooter | April 22, 2008 8:57 AM
10

@9 and 4 - Wow! I had no idea. Next time I get in a barfight, I'll wear clean panties.

Posted by blank12357 | April 22, 2008 9:05 AM
11

My ass is a wonderland and I want everyone to know I'm not ass uptight ass I seem.

Though, I am still an ass.

Posted by blahblah ave. | April 22, 2008 9:06 AM
12

DanFan @8 -

The "trauma train" probably included an X-ray of his "box" (torso, not vagina). This X-Ray couldn't rule out nerve damage.

Think of a Trauma Center like some kind of fancy assembly line filled with doctors trying to save your life.

If you're breathing, they'll next check to see if your blood is working. If your blood is working, they'll check to see if your brain and nervous system is working.

Hence the finger: It's fast, cheap, easy to do on a stretcher, and it gets the doctors one step closer to finding your biggest problem and solving it for you.

The docs probably also asked the guy to wiggle his toes. Is he a foot-fetishist now?

Posted by six shooter | April 22, 2008 9:08 AM
13

So, I guess I'm the only one who read Dan's “hetero-systems-override switch” explanation and thought it was bullshit?

Maybe the guy was sexually abused at some point in the past, and being held down and forced to take anything in the ass is a psychological trigger for him?

No, no: it must be straight insecurity. After all, Persaud is a construction worker.

Fuck sake.

Posted by Judah | April 22, 2008 9:08 AM
14

@11, you know I give you reason for posting.

Posted by Bellevue Ave | April 22, 2008 9:12 AM
15

@13 The hetero switch thing is totally true for construction workers- Also applies to indians, cowboys, policeman, and naval cadets.

But leather daddies? Not so much.

Posted by UNPAID BLOGGER | April 22, 2008 9:12 AM
16

I'm with you, @13. Dan's just assuming he's straight and playing off of a stale prison-comedy understanding of homosexuality to excuse what is obviously assault.

Even gay guys feel . . . "not so fresh" sometimes. Or maybe he's a top.

Posted by Ziggity | April 22, 2008 9:22 AM
17

@12 - Good point, thanks!

Posted by DanFan | April 22, 2008 9:29 AM
18

This was an act of kindness. Now when he gets the bill and is taking it up the ass he'll already be lubbed.

Posted by mikeblanco | April 22, 2008 9:30 AM
19

Judah -- I get letters, I get letters. Maybe he was sexually assaulted. Maybe he had some good reason. But I do get letters—lots of 'em—every day from straight guys that are afraid that anal stimulation, all by itself, can turn a guy gay.

Posted by Dan Savage | April 22, 2008 9:32 AM
20

I'm so lucky that my man isn't afraid of those kinds of things...

Posted by DanFan | April 22, 2008 9:45 AM
21

Dan -- Dare I suggest that the people who write in for your column may self-select for a certain extremism of opinion, and that using those letters as a basis for judging the motives of the general population may skew your expectations?

Posted by Judah | April 22, 2008 9:49 AM
22

You may, Judah.

Posted by Dan Savage | April 22, 2008 9:50 AM
23

Dan, maybe you could do a little research and find out for us if it really is standard procedure to do a rectal exam if someone has a head injury? It does sound a little far-fetched to me, yanno?

Posted by Bella | April 22, 2008 10:02 AM
24

I second #23. And find out if it's such an imperative procedure that it's necessary to ignore the patient's objections.

Posted by keshmeshi | April 22, 2008 10:06 AM
25

Listen to six-shooter @12. I'll bet they finger everybody who comes in there as a matter of course. And the one thing that is GUARANTEED to get you sedated immediately in an emergency room is arguing or struggling with anyone. This isn't your doc's office at Group Health, and it's not "ER"; it's a busy, chaotic, big city emergency room. They don't have time for your bullshit, whatever it is.

Posted by Fnarf | April 22, 2008 10:18 AM
26

Yeah, my girlfriend is a nurse, and based on numerous anecdotes I've heard from her, attempting to assault medical personnel will get you sedated and physically restrained rapidly.

Patients with brain issues often try to attack medical personnel, and I see no compelling reason why the latter should have to put up with it.

Posted by oljb | April 22, 2008 10:52 AM
27

ha! @4 and @9... you have the right to refuse -- unless you do refuse, then you don't have the right, because you are clearly not of sound mind! that's freedom of choice!

if he was not of "sound mind" they shouldn't have given him the choice at all? why ask if you aren't going to listen.

if he was not of "sound mind" they should have contacted a spouse, relative, emergency contact, or someone who might have a legal right to make informed decisions for him.

Posted by infrequent | April 22, 2008 10:58 AM
28

Is there someone here who works in medicine who can tell us if a rectal exam really does determine whether you have a spinal injury? My knowledge is limited to one human anatomy class and a lot of episodes of ER.

Posted by Jo | April 22, 2008 11:00 AM
29

I am an emerg doc in Canada - if you have a head injury and are suspected to have a spinal cord injury a rectal exam is necessary. All of the xrays/CT/MRIs only tell you about structural abnormalities - not functional ones. The rectal examination is there to feel for rectal tone - the most sensitive test to know if your distal spinal cord is working.
And 25 and 26 - ER personnel have to put up with an unbelievable amount of violence. To protect ourselves from injury and to protect the patient themself from injuring themselves further, we sedate and physically restrain those who are aggressive and violent. It is not a decision that we make lightly or cavalierly.

Posted by KariMDinCanada | April 22, 2008 11:19 AM
30

An appreciable percentage of the people who come into an emergency room with Trauma X turn out to have problems Y and Z as well, often including foreign objects in the rear. If you don't want to be poked and prodded, the emergency room is not a good place for you.

Posted by Fnarf | April 22, 2008 11:20 AM
31

I totally agree. I've never heard of a hospital staff forcefully preform a test or treatment against the wishes of the patient, except of course when guardians okay it, or the person is totally inebriated. But I don't see how this guy could be wasted while at work, granted that could explain the accident.

Posted by DW | April 22, 2008 11:22 AM
32

If not there, then where is this switch?

Posted by NapoleonXIV | April 22, 2008 11:39 AM
33

Thanks, @29 - I was wondering about that.

Posted by wench | April 22, 2008 12:00 PM
34

It is a normal test for this and it's also standard operating procedure to assume that head trauma victims aren't necessarily capable of giving informed content/making proper decisions.

If they had not done the exam and something had turned out to be wrong with him they also could have opened themselves up to a lawsuit. They were damned if they did and damned if they didn't.

Do you think the doctors were doing anal exams for fun? They wouldn't do it if they didn't feel they needed to.

Posted by Dawgson | April 22, 2008 2:02 PM
35

@29: Thanks! Interesting. You learn something new every day.

Posted by Jo | April 22, 2008 3:53 PM

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