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Tue Apr 22 17:12:26 BST 2008

No that isn't amazing, for every silly unfounded lawsuit that is dreamed
up there are at least half dozen lawyers ready to take the case. All in
all this is a win for the good guys, but it is disturbing that the
assault charge for hitting the doctor was dismissed. 

-----Original Message-----
From: trauma-list-bounces at trauma.org
[mailto:trauma-list-bounces at trauma.org] On Behalf Of Ronald Gross
Sent: Tuesday, April 22, 2008 11:02 AM
To: CCML
Cc: Trauma &amp; Critical Care mailing list
Subject: Re: Rectal Exam Lawsuit DENIED

What amazes me is that there was a lawyer that actually took this case.

>>> "Andrew J Bowman" <andrewj.bowman at gmail.com> 4/22/2008 11:21 AM >>>
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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Rectal Exam Lawsuit DENIED