Man Claims Hospital Forced Rectal Exam Upon Him

[luthersmama]

If you google: "spine injury" rectal
You will get a number of hits in books that say that a rectal exam is essential in assessing a trauma patient for spine injury. Apparently, the way the sphincter reacts to the invasion is an indicator of whether everything is working.

 

[T-Rex]

I have to agree with Linda, that's rape. There's a Patient's Bill of Rights, which says you have the right to refuse any treatment or procedure.

 

[Marthatex]

Well, I've been to ob-gyn doctors where I was not "warned" about the rectal exam; it's just part of the package.

There must be more to the story; but what a Wussie; a rectal exam isn't pleasant but it's not the end of the world. Surely they explained to him why he needed it.

However; surely he had the right to refuse- why do they chain him to the bed and all that. Weird story.

 

[bnhall]

Yeah, and if they wouldn't have done it and he had an undiagnosed spinal injury, he'd be sueing the hospital anyway. People need to let doctors do their jobs. They aren't going to stick their finger up your butt for no reason.

 

[KansasCutie]

Yeah, and if they wouldn't have done it and he had an undiagnosed spinal injury, he'd be sueing the hospital anyway. People need to let doctors do their jobs. They aren't going to stick their finger up your butt for no reason.

Ive read plenty of stories where that has happened.
I dont trust doctors one single bit.

This poor guy! What a weird story. & Embarressing thing to be sueing about.

 

[Marthatex]

Yeah, and if they wouldn't have done it and he had an undiagnosed spinal injury, he'd be sueing the hospital anyway. People need to let doctors do their jobs. They aren't going to stick their finger up your butt for no reason.

Yes, that's not exactly something the personnel enjoy.

However; I checked with my husband and he said if the patient is deemed "lucid" at the time, he has every right to refuse the rectal exam. However, for future reference in case of lawsuit, it should have been done in writing. I wonder if it was documented.

He thought the deal about being chained up for 3 days was preposterous though.

 

[bnhall]

Ive read plenty of stories where that has happened.
I dont trust doctors one single bit.

This poor guy! What a weird story. & Embarressing thing to be sueing about.

One weird doctor alone with a patient, maybe. An entire room full of ER staff? Um, no.

 

[White Rain]

Well, I've been to ob-gyn doctors where I was not "warned" about the rectal exam; it's just part of the package.

There must be more to the story; but what a Wussie; a rectal exam isn't pleasant but it's not the end of the world. Surely they explained to him why he needed it.

However; surely he had the right to refuse- why do they chain him to the bed and all that. Weird story.

Maybe he was molested or sodomized at some point before...that could be why he freaked out.

 

[txsvicki]

The man also got a big gash above his eyebrow during the restraint. Maybe the hospital thought his fighting them was due to a head injury, but to keep him for three days after finding no bad injuries is horrible unless he really was out of it.

 

[T-Rex]

They aren't going to stick their finger up your butt for no reason.

But it would be a stretch to say that everything doctors / hospitals do is in a patient's best interest. That's why, ultimately, the patient gets to make the call.

 

[ziggy]

First, what a crybaby looking for a lawsuit. Man up already. It's your butt and they are medical professionals. They see more asses than the Grand Canyon tours and they don't really dig it.

Second, if he refused service and then got worse, he would sue the hospital and win

Third, he should be thankful that they were "exploring" every option to make sure he was not badly injured :crazy:

Fourth, if unwanted anal probing is grounds for suing, why aren't the aliens being sued? Would Mark G. take that case?

 

[White Rain]

First, what a crybaby looking for a lawsuit. Man up already. It's your butt and they are medical professionals. They see more asses than the Grand Canyon tours and they don't really dig it.

Second, if he refused service and then got worse, he would sue the hospital and win

Third, he should be thankful that they were "exploring" every option to make sure he was not badly injured :crazy:

Fourth, if unwanted anal probing is grounds for suing, why aren't the aliens being sued? Would Mark G. take that case?

I feel bad for the guy...as I said before, maybe he's been sodomized in the past or something...there had to be SOME reason he reacted as he did or was so fearful of the exam.
In any case, he expressed his wishes that he didn't want this...regardless of why, he shouldn't have been violated in a way he felt so strongly about.

 

[southcitymom]

One weird doctor alone with a patient, maybe. An entire room full of ER staff? Um, no.

Exactly!

 

[Marthatex]

Here's a more detailed article that explains more about the medical-legal aspects of the case. Evidently this happened several years ago, but just now is going to trial.

Bottom line: Emergency room protocol is a little more flexible in that 1) they may have had reason to suspect possible spinal cord injury

2) with the head injury they may have questioned his ability to make a decision at that moment. http://cityroom.blogs.nytimes.com/2...4b&ei=5088&partner=rssnyt&emc=rss

Pedinurse, the stitches were for the head injury to the forehead.

The thing that gets me is the attorneys and psychiatrists say he is "so traumatized he cannot work." He has "traumatic stress syndrome".

He was actually arrested for assault to the doctor and taken to jail after the 3 day recovery. That misdemeanor charge was dropped.

Barring that he truly has some serious history of abuse, I think he needs to try a tour in Iraq, if he wants to know what "stress" is.

I smell $$$$$$ here; and usually a hospital will settle if wrongdoing has taken place. Rarely do doctors and hospitals want to go to court, where juries oftentimes will sympathize with the patient.

The hospital says they are going to fight this one; hope this doesn't turn out like the McDonalds case.

 

[White Rain]

Here's a more detailed article that explains more about the medical-legal aspects of the case. Evidently this happened several years ago, but just now is going to trial.

Bottom line: Emergency room protocol is a little more flexible in that 1) they may have had reason to suspect possible spinal cord injury

2) with the head injury they may have questioned his ability to make a decision at that moment. http://cityroom.blogs.nytimes.com/2...4b&ei=5088&partner=rssnyt&emc=rss

Pedinurse, the stitches were for the head injury to the forehead.

The thing that gets me is the attorneys and psychiatrists say he is "so traumatized he cannot work." He has "traumatic stress syndrome".

He was actually arrested for assault to the doctor and taken to jail after the 3 day recovery. That misdemeanor charge was dropped.

Barring that he truly has some serious history of abuse, I think he needs to try a tour in Iraq, if he wants to know what "stress" is.

I smell $$$$$$ here; and usually a hospital will settle if wrongdoing has taken place. Rarely do doctors and hospitals want to go to court, where juries oftentimes will sympathize with the patient.

The hospital says they are going to fight this one; hope this doesn't turn out like the McDonalds case.

This poor man was arrested on an assault charge after smacking a dr. after begging the dr. not to do a rectal exam? NO NO NO....whatever his reasons he had a fear of being examined in his rectum...and he should NOT have been....
Shoot, if I didn't want anyone to do something to me and I thought they would anyway I'd be smacking them too....
He should have NEVER been arrested...he had the right to choose what medical tests were done upon him or not...just like a Jehovah's witness refusing a blood transfer....it doesn't really matter what this guys reasons were...he feared and did not want this procedure done and it should have NEVER been forced upon him.

This says it all to me:
"It is not always clear what is the patient’s capacity to make decisions, especially if the doctor suspects a head injury.”
That pretty much tells me the guy WAS begging them not to do this.

 

[Marthatex]

OK, after googling around I found out some more info. For one thing, he wasn't just "flailing around" as his lawyer said, he actually got a hand loose and punched the doctor.

Also, it was a resident who treated him. This rectal exam is absolute protocol for suspected spinal cord trauma. I'm sure this resident felt he had to follow protocol, because he or she has to report back to the attending doctor who is responsible for that resident's job security; and probably expects procedure A,B,C to be followed or ELSE. Anybody watch Grey's Anatomy?

The guy was hit on the head by a beam. Now what if they had not followed procedure, he went home and he did indeed have injury and severe problems. I bet he would sue in that case also.

For spinal cord trauma: 5-minute Neurology Consult includes: "A detailed neurologic exam, including rectal tone, is necessary to identify level and completeness of injury." http://books.google.com/books?id=At...sig=6hIqbHPxNYijfa6AS5DhtCDvEfg#PRA1-PA421,M1

Oh well, that's a big one. Now I can understand that this guy would be pissed, but "can't work"? It hinges on whether the hospital employees determined he was "out of his head", not rational, etc.

Clearly this man is out for some money and so are his attorneys, but they may get it. And if it's millions of dollars, than we are all the poorer for it. It's not like he had the wrong foot amputated or a serious diagnosis missed and someone died of cancer.

What turned out to be a pain in the rear end may be quite lucrative for him.

 

[White Rain]

OK, after googling around I found out some more info. For one thing, he wasn't just "flailing around" as his lawyer said, he actually got a hand loose and punched the doctor.

Also, it was a resident who treated him. This rectal exam is absolute protocol for suspected spinal cord trauma. I'm sure this resident felt he had to follow protocol, because he or she has to report back to the attending doctor who is responsible for that resident's job security; and probably expects procedure A,B,C to be followed or ELSE. Anybody watch Grey's Anatomy?

The guy was hit on the head by a beam. Now what if they had not followed procedure, he went home and he did indeed have injury and severe problems. I bet he would sue in that case also.

For spinal cord trauma: 5-minute Neurology Consult includes: "A detailed neurologic exam, including rectal tone, is necessary to identify level and completeness of injury." http://books.google.com/books?id=At...sig=6hIqbHPxNYijfa6AS5DhtCDvEfg#PRA1-PA421,M1

Oh well, that's a big one. Now I can understand that this guy would be pissed, but "can't work"? It hinges on whether the hospital employees determined he was "out of his head", not rational, etc.

Clearly this man is out for some money and so are his attorneys, but they may get it. And if it's millions of dollars, than we are all the poorer for it. It's not like he had the wrong foot amputated or a serious diagnosis missed and someone died of cancer.

What turned out to be a pain in the rear end may be quite lucrative for him.

I just really don't know in this case.
I usually look at law-suits as purely something made up or exaggerated just to get money but something in this case makes me believe this guy...I don't know what....
I also believe he would have sued had he have had spinal injuries...but I don't know what in me makes me believe he asked them NOT (and in his right mind) to do a rectal and they did anyway....
Like I siad before...from the story, he got a hand loose and punched a doc...it's clear he had VERY distinct reasons for not wanting a rectal...alot of people don't want this but they don't go as far as to punch someone....that makes me believe he very much knew what he was doing and what he didn't want.

 

[Marthatex]

I just really don't know in this case.
I usually look at law-suits as purely something made up or exaggerated just to get money but something in this case makes me believe this guy...I don't know what....
I also believe he would have sued had he have had spinal injuries...but I don't know what in me makes me believe he asked them NOT (and in his right mind) to do a rectal and they did anyway....
Like I siad before...from the story, he got a hand loose and punched a doc...it's clear he had VERY distinct reasons for not wanting a rectal...alot of people don't want this but they don't go as far as to punch someone....that makes me believe he very much knew what he was doing and what he didn't want.

He may well have been in his right mind. Some men are very queasy about getting a rectal; moreso than women who have had it done more often and actually get used to it. It is a bit uncomfortable and distasteful. Some men avoid it to the point they are not properly screened and diagnosed for prostate cancer, and that is sad.

I sympathize with the guy if his wishes weren't respected; but I certainly don't think he deserves millions.

 

[sherri79]

if a woman went to the hospital for engorged breasts they would want to do a pelvic. they would want to check for signs she recently gave birth or if she had any growth near her ovaries that could cause hormonal problems. blood test may give them some answers but the quickest way to rule out multiple problems at once would be a vaginal exam. if she refused the exam and doctors tried to force her i would say the doctor is lucky if all she did was punch him. maybe this guy is a homophobic, maybe the guy was sexually assaulted in his past, maybe he was at a teaching hospital and thought the procedure was more for the students than for him, maybe he just didn't want a stranger sticking anything up his bum. no matter why it is his body and he has the right to say no.

 

[sillygoose]

I didn't exactly want that big huge stick where it was put when the doctor broke my water both times my kids were born. THAT wasn't pleasant either, but I didn't punch the doctor out. I didn't punch any nurses or doctors when they had to check my dialation 10,000 times, even that one nurse with the really sharp fingernails. No, I held it together. A rectal exam is nothing compared to what women delivering children put up with, and many women have had prior abuse. So, I'm not buying any sob stories for this guy.:boohoo: