April 25, 2008 | Sex & Society

Rectal exam not a violation

Hospital not liable for forced rectal examA New York State Supreme Court jury found in favor of New York-Presbyterian Hospital after they were sued for giving a rectal exam to a reluctant construction worker.

After a quick deliberation of an hour, the jury awarded Brian Persaud a big fat zero in damages for being fingered against his wishes. His lawyers are considering an appeal.

"We're very disappointed," lawyer Gerard Marrone said after the verdict was read. "It's a miscarriage of justice."

Persaud had been injured while working at a construction site in 2003. Because of the nature of his accident, hospital staff insisted on examining his rectum to determine if there was any spinal damage. After Persaud refused, staffers sedated him and then explored his manhole.

Although witnesses later claimed the exam never took place, Persaud argued he woke up handcuffed to the bed with lube on his butt. Sounds like a scene from a Raging Stallion video.

"He resisted because he didn't know what they were doing," his lawyer argued. "Once he said he didn't want the rectal exam, everything should have stopped."

Persaud is currently unemployed and unable to hold a job since the accident. He gets nervous whenever someone approaches him from behind ...

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