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Rectal Exam Lawsuit DENIED

Charlene M Morris cvmmorris at gmail.com
Tue Apr 22 19:21:00 BST 2008


Apart from the ramifications of an exam the clinician feels is necessary, I
am STILL of the mind that patients have rights and responsibilities. In this
instance, I would have documented in bold letters: "PATIENT DECLINES [OR
REFUSES] RECTAL EXAM DESPITE STATING ITS IMPORTANCE IN HIS CASE FOR
DETECTING NEUROLOGICAL DEFICIT". Whether that holds up in a COURT OF LAW is
yet another issue.

I once worked with a Dr. who wanted to do a breast exam on ALL women. His
nurse defended his committment to detecting breast cancer, but to my mind--
if a woman (PATIENT) says no, she should NOT be subjected to what the Dr.
*felt* necessary..

JMO--

Charlene Morris


On 4/22/08, Jeffery Hammond <hammond at umdnj.edu> wrote:
>
> I guess it's time to agree to disagree.  :)
>
> JSH
>
> -----Original Message-----
> From: trauma-list-bounces at trauma.org [mailto:
> trauma-list-bounces at trauma.org]
> On Behalf Of Moore, Rick
> Sent: Tuesday, April 22, 2008 1:30 PM
> To: Trauma &amp; Critical Care mailing list
> Subject: RE: [ccm-l] RE: Rectal Exam Lawsuit DENIED
>
>
> Gee, I didn't hear any indignation about "passing judgment in a situation
> where we have very limited information" directed towards the other
> comments
> that were uniformly condemning lawyers and praising the "good guys."
>
> That's because until your comments nobody had been indignant calling the
> procedure unwarranted, unnecessary and hogwash, again based on only one
> limited side of the story. All conclusions that no one other than those
> close to the case with all the information should make.
>
> -----Original Message-----
> From: trauma-list-bounces at trauma.org
> [mailto:trauma-list-bounces at trauma.org] On Behalf Of Jeffery Hammond
> Sent: Tuesday, April 22, 2008 12:01 PM
> To: 'Trauma &amp; Critical Care mailing list'
> Cc: 'CCML'
> Subject: RE: [ccm-l] RE: Rectal Exam Lawsuit DENIED
>
> Replies below to Dr Myers comments...
>
> -----Original Message-----
> From: Jeff Myers, D.O., Ed.M. [mailto:myersj at alum.rpi.edu]
> Sent: Tuesday, April 22, 2008 12:38 PM
> To: Jeffery Hammond
> Cc: 'Trauma &amp; Critical Care mailing list'; 'CCML'
> Subject: Re: [ccm-l] RE: Rectal Exam Lawsuit DENIED
>
> Remember all, we are getting the lay press' report of the events and
> armchair quarterbacking the incident.
>
>           -->>Agreed
>
> All I glen was that this patient was struck in the head at a construction
> site.  Was the treating team concerned about a head and c-spine injury?
>
>        -->> You don't need a rectal exam for an injury limited to the head
> in a patient moving all 4 extremities.
>
> Were they concerned the patient was combative / ? altered from the head
> injury?
>
>          -->> He was apparently talking to them. He didn't become
> combative
> until they tried  to bugger him.
>
> The patient was not only sedated but intubated (according to the
> description) - doesn't this scenario occur across the country when we are
> taking care of altered trauma patients so we can obtain timely imaging and
> intervene rapidly?
>
>          -->> Yes, in heavily intoxicated patients or those with major
> TBI.
> But, in this case (agreeing that we have only part of the data) I would
> counsel any trauma team member who intubated a patient just to do a rectal
> exam.
>
> I just ask you all to reflect on situations where you may have done the
> same
> thing as reported because you were doing the right thing for the patient
> before passing judgment in a situation where we have very limited
> information.
>
>           -->> Gee, I didn't hear any indignation about "passing judgment
> in a situation where we have very limited information" directed towards
> the
> other comments that were uniformly condeming lawyers and praising the
> "good
> guys."
>
> Jeffrey Hammond MD, MNPH
> New Brunswick, NJ
>
>
>
>
>
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