After deliberating for about an hour, a state Supreme Court jury awarded nothing to Brian Persaud, who sued New York-Presbyterian Hospital for unspecified damages. The panel found the hospital and its emergency room medical staff were not liable for performing a rectal exam.
Persaud, 38, was injured while working at a construction site in midtown Manhattan and 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.
Persaud, 38, was injured while working at a construction site in midtown Manhattan and 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.
Everytime I go to the doctors office I get a finger up my ass, and I say the same thing everytime, “I thought I was only here for a teeth cleaning.
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