Man Claims Hospital Forced Rectal Exam Upon Him

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Marthatex said:
Yes, but doctors also save lives, and are mighty handy during an emergency; and a suspected spinal cord injury needs immediate treatment.
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(Bolding mine.)

Sorry Martha, I know you are being serious, but that made me giggle :crazy:
 
I'm for letting the medical staff do what they need to do, but I have refused once (think most to all of you would have done the same). I think it's important to respect the wishes of the patient above all else. If they refuse, don't do it!

As for suing, he probably felt violated or even raped and could suffer from Post Traumatic Stress Disorder. PTSD can result from any type of traumatic experience, not just war. Who knows if he's telling the truth, but it is possible.
 
T-Rex said:
Ha ha ha!
Their defense will be the doctors know best, and did it for his own good.
Doctors used to give women thalidimide for their own good. They used to automatically give them hysterectomies at menopause for their own good. They still deliver an alarming amount of babies by C-section--up to 40% at some hospitals--for their own good.
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Spot on, T. Let's find that very thorough resident for your next physical, for your own good, of course...:D

Crypto6
 
Diamond said:
I'm for letting the medical staff do what they need to do, but I have refused once (think most to all of you would have done the same). I think it's important to respect the wishes of the patient above all else. If they refuse, don't do it!

As for suing, he probably felt violated or even raped and could suffer from Post Traumatic Stress Disorder. PTSD can result from any type of traumatic experience, not just war. Who knows if he's telling the truth, but it is possible.
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Well, he was asleep when they did the procedure, so I doubt he felt too violated; in fact I ask to be asleep during a colonoscopy; that just would be too unpleasant for me.

I usually consider rape as having a sexual connotation or intent, in fact rape is defined in the dictionary as "forcing someone to have sexual intercourse". (Microsoft Encarta Dictionary)

I do not think an exam to test rectal reflex (avoids having to go through a huge round of expensive catscans, etc.) is rape; but if they went against his clear wishes, that was wrong.

I would be interested in knowing the hospital's rationale, if there was one. Did they deem him "out of his head" or irrational? What was their rush to go ahead with the exam, and did he clearly express his wishes? Were they able to get it in writing?

As an article I posted above points out, ER personnel have a little more leeway as far as taking certain actions and performing tests, etc. A person's life may be in the balance.
 
He was begging and being held down, before being knocked out. Isn't that alone traumatic? Plus, being asleep wouldn't be enough to make me accept something I flat out didn't want done to me.

Rape isn't truly sexual, it's about power/control and I can see how (in his mind) he could consider it rape. Especially, if he was ever abused in that way.

I think he should have went along with it (it was obviously important), but I think it's wrong to force the issue.
 
TheShadow said:
Tell that to the victims of GHB rape.
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Well notice I consider it a procedure, not rape. It was in a medical setting; hardly a diabolical sexual assault. NObody gained pleasure from looking up his *advertiser censored**s, the purpose was for a medical diagnosis, plain and simple. { The legal violation would be doing the procedure against his will, or permission.}

Of course it's wrong to sedate a woman, or man, and rape them.

As far as someone who had had past "trauma", that would certainly be considered by the jury.

But he "can't work" because he got hit on the head by a beam so he went to the ER and he said he didn't want a rectal, he punched the doc, they sedated him; did a rectal, he went home healthy except for this "trauma", and NOW HE CAN"T WORK.

:boohoo: :boohoo: Some women have a difficult delivery, episiotomy, have to care for a baby, and they manage to go back to work within a week.

Why was he on a stretcher anyway, if he could walk on his own?

If this guy gets a million dollars for his PST, then every man or woman coming back from Iraq or Afghanistan should get a million to live on and "not work".

It's all relative. this guy wants $$$$$ and so do his attorneys.
 
Diamond said:
He was begging and being held down, before being knocked out. Isn't that alone traumatic? Plus, being asleep wouldn't be enough to make me accept something I flat out didn't want done to me.

Rape isn't truly sexual, it's about power/control and I can see how (in his mind) he could consider it rape. Especially, if he was ever abused in that way.

I think he should have went along with it (it was obviously important), but I think it's wrong to force the issue.
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Now, you realize this "begging" is what the plaintiff and his attorneys are saying.
 
Marthatex said:
Well notice I consider it a procedure, not rape. It was in a medical setting; hardly a diabolical sexual assault. NObody gained pleasure from looking up his *advertiser censored**s, the purpose was for a medical diagnosis, plain and simple. { The legal violation would be doing the procedure against his will, or permission.}

Of course it's wrong to sedate a woman, or man, and rape them.

As far as someone who had had past "trauma", that would certainly be considered by the jury.

But he "can't work" because he got hit on the head by a beam so he went to the ER and he said he didn't want a rectal, he punched the doc, they sedated him; did a rectal, he went home healthy except for this "trauma", and NOW HE CAN"T WORK.

:boohoo: :boohoo: Some women have a difficult delivery, episiotomy, have to care for a baby, and they manage to go back to work within a week.

Why was he on a stretcher anyway, if he could walk on his own?

If this guy gets a million dollars for his PST, then every man or woman coming back from Iraq or Afghanistan should get a million to live on and "not work".

It's all relative. this guy wants $$$$$ and so do his attorneys.
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Hmmmm I'm not so sure Martha. I have heard of alot of sick things in the news going on while people are under. From sick sex jokes or remarks about your body, to pictures of body tattoos (on genitals) being taken and spread around to people being raped/molested (even poor mentally ill kids).
Someone may have very well gotten pleasure from looking and feeling of his rectum. There are some sick folks out there, dr.'s and nurses included.
The fact that he punched a doc just goes to show how much he DID NOT want the exam.
I am NOT accusing this dr. of being a sadist/rapist whatever, but if someone was they probably would have liked it all the more that he put up a fight and then they still did it.
Like others said he could be having PTSD....He did NOT want this exam...anything sexual you don't want and then it happens has an effect on you like you wouldn't believe. Trust me, I've been molested.


I also know of a guy (a friend) who was made to perform oral sex when he was around 7 or 8. Too this day he cannot look at anything food-related that is white (such as mayo, sour cream, cottage cheese, ricotta cheese) without gagging. And there's no way in hell he'd ever eat one of those items. And this man is almost 40! There is just no telling how things will affect you, and for how long.
Maybe the guy really is too distressed to work. I have NO problem believing it.
 
On the other hand, I know for a fact that many, many people try to claim they can't work when they can.

I am good friends with a Dr. who examines people for Workman's Compensation, and you wouldn't believe the funny stories he tells. They say they can't "move their right leg". So he examines the right leg. Then goes on to examine other things - then he says something to them, like "here - scoot over and sit on the edge of the table". WALLAH! When they're not thinking about it they MOVE THE RIGHT LEG!!!

Half to 2/3 of the people don't qualify for the Workman's Comp.

I have no doubt this man may be pissed that his wishes weren't obeyed; and he may have some grounds for compensation there.

But the "can't work" is a red flag for me; I think he should be glad he wasn't seriously injured at the workplace. Of course he'll probably apply for Workman's Comp. as well.
 
Marthatex said:
On the other hand, I know for a fact that many, many people try to claim they can't work when they can.

I am good friends with a Dr. who examines people for Workman's Compensation, and you wouldn't believe the funny stories he tells. They say they can't "move their right leg". So he examines the right leg. Then goes on to examine other things - then he says something to them, like "here - scoot over and sit on the edge of the table". WALLAH! When they're not thinking about it they MOVE THE RIGHT LEG!!!

Half to 2/3 of the people don't qualify for the Workman's Comp.

I have no doubt this man may be pissed that his wishes weren't obeyed; and he may have some grounds for compensation there.

But the "can't work" is a red flag for me; I think he should be glad he wasn't seriously injured at the workplace. Of course he'll probably apply for Workman's Comp. as well.
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I have seen Worker's Comp people on TV busted...yeah they are disgusting no doubt...but something in this mans story makes me believe him.
I guess we'll just have to agree to disagree on this one!
 
Diamond said:
He was begging and being held down, before being knocked out. Isn't that alone traumatic? Plus, being asleep wouldn't be enough to make me accept something I flat out didn't want done to me.

Rape isn't truly sexual, it's about power/control and I can see how (in his mind) he could consider it rape. Especially, if he was ever abused in that way.

I think he should have went along with it (it was obviously important), but I think it's wrong to force the issue.
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i agree. it should have been deferred or at least more throughly explained so he could comply on his own free will.
 
White Rain said:
I have seen Worker's Comp people on TV busted...yeah they are disgusting no doubt...but something in this mans story makes me believe him.
I guess we'll just have to agree to disagree on this one!
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I don't really disagree with you; just stating factors from the ER side; I feel I need to know more of the actual facts in the case.
 
There is much, much more to this story, it just seems to be missing quite a few facts. I really do not feel a hospital is "going" to force a "well reasoned" rational patient to under go an exam, without consent.

I do hope that this man never has to have his colon "exam" or prostrate problems or whatever.

I have never meet a women who "likes" a pap test, but it is a necessary evil to ensure good health. Ditto for colon exams. Prostate exams.

This man had the problem with some sort of hang up, that was not rational.
 
Head trauma ---->AMS---->Pt. cannot refuse Tx or sign out AMA.
Only one side of the story is being presented, of course if the hospital told thier side, he'd probably sue for a HIPPA violation. This seems like an attempt to take advantage of a hospitals willingness to more often than not, settle out of court. He was most likely only restrained and sedated after he assulted the doc. He's lucky the charges were dropped, and now he has the audacity to sue?!?!
 
If I said no to a proceedure, it would mean no, unless I signed a consent authorization in advance and still there would be the right to refuse at that point.
Then they could refuse to treat me further and and I would discharge myself "against the advice of the attending doctor". Covering their ...:)
IMO
 
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