Sunday, January 20, 2008


From Connecticut Channel 3 WFSB:

Man Claims Hospital Forced Rectal Exam
Lawyer: Client Went Through Hell

NEW YORK -- A construction worker has filed a lawsuit claiming that when he went to a hospital after being hit on the forehead by a falling wooden beam, emergency room staffers forcibly gave him a rectal examination.

Brian Persaud, 38, said in court papers that after he denied a request by NewYork-Presbyterian Hospital emergency room employees to examine his rectum, he was "assaulted, battered and falsely imprisoned."

His lawyer, Gerrard M. Marrone, said Tuesday that his client was injured while working at a construction site in midtown Manhattan on May 20, 2003, and at the hospital later he got eight stitches for a cut over his eyebrow.

Then, Marrone said, emergency room staffers insisted on examining his rectum and held him down while he begged, "Please don't do that." He said Persaud hit a doctor while flailing around and staffers gave him an injection, which knocked him out, and performed the rectal exam.

Persaud woke up handcuffed to a bed and with an oxygen tube down his throat, the lawyer said, and spent three days in a detention center.

Marrone said he and Persaud later learned the rectal exam was one way of determining whether he had suffered spinal damage because of the accident.

A request by the hospital to dismiss Persaud's lawsuit was denied by Justice Alice Schlesinger, who ordered a trial to start March 31.

Hospital spokesman Bryan Dotson said, "While it would be inappropriate for us to comment on specifics of the case, we believe it is completely without merit and intend to contest it vigorously."

Marrone said his client "went through hell."

"He has a right to refuse a medical procedure," Marrone said. "The guy was assaulted and arrested for needing stitches."

The lawyer said his unmarried client, who lives in Brooklyn, has not been able to hold a job since the incident.

"He's just not the same psychologically," Marrone said. "He felt like they were trying to rape him."

Persaud's lawsuit, filed in Manhattan's state Supreme Court, seeks unspecified damages.

A judge dismissed a misdemeanor assault charge against him.


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