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Tue Apr 22 17:23:19 BST 2008

To my knowledge, a lawyer cannot bring a lawsuit without an expert witness agreeing that there was a departure from the standard of care. It is disturbing that they found a healthcare professional (MD or DO) to support or be involved in such a case. The enemy may be us. A similar case was brought in LI ,NY when a plastic bag with a white powder was found in the rectum of a trauma patient. The bag was given to the police and the patient charged. The lawsuit alleged that the 1)rectal was performed without consent and 2) the docs performed an illegal search and seizure and were not authorize to do so. The expert witness was an ED physician who calimed a consent is necessary since the rectal exam is "invasive" and "traumatic". Case was thrown out by the judge because the patient was subsequently arrested in another state and could not show up in court. L.D.George Angus MD,MPH FACS  

-----Original Message-----
From: trauma-list-bounces at trauma.org
[mailto:trauma-list-bounces at trauma.org]On Behalf Of Duchesne, Juan C 
Sent: Tuesday, April 22, 2008 11:59 AM
To: Trauma &amp; Critical Care mailing list; CCML
Cc: Trauma &amp; Critical Care mailing list
Subject: RE: Rectal Exam Lawsuit DENIED

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 &amp; 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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Rectal Exam Lawsuit DENIED