Rectal Exam Lawsuit DENIED

[Duchesne, Juan C]

Sad but this is the world we live in.......you see it every day in TV.......lawyers advertising and promoting to sue doctors, pharmaceuticals etc.......... very sad.
j
 
Juan C Duchesne MD, FACS, FCCP
Trauma and Critical Care Surgery Section
Surgical Hospital Center Director
Director Surgical Intensive Care Unit  
Louisiana ATLS / PHTLS State Faculty
 
 
 
Tulane University School of Medicine
1430 Tulane Ave., SL-22
New Orleans LA 70112-2699
Tel. 504-988-5111
Fax. 504-988-3683
 
 
 
 

________________________________

From: trauma-list-bounces at trauma.org on behalf of Andrew J Bowman
Sent: Tue 4/22/2008 10:21 AM
To: CCML
Cc: Trauma & Critical Care mailing list
Subject: Rectal Exam Lawsuit DENIED



Man loses lawsuit over rectal exam
Tuesday, April 22, 2008 | 6:23 AM

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.

After deliberating for about an hour, a state Supreme Court jury awarded
nothing to Brian Persaud, who sued NewYork-Presbyterian Hospital for
unspecified damages. The panel found the hospital and its emergency room
medical staff were not liable.

Persaud's lawyers, Gerard Marrone and Gary DeFilippo, said he might appeal.

"We're very disappointed," Marrone said after the two-week trial. "It's a
miscarriage of justice."

The hospital's lawyer, Jeffrey Lawton, declined comment.

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.

"He resisted because he didn't know what they were doing," DeFilippo said.
"Once he said he didn't want the rectal exam, everything should have
stopped."

DeFilippo said he believes the rectal exam was done as retaliation because
his panicked client hit the doctor.

A judge dismissed a misdemeanor assault charge that was filed against
Persaud because he hit the doctor.

DeFilippo said his client is unemployed and has been unable to hold a job
since the accident.


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