More proof of the coming Nanny State?
Or, an example of “Domestic Terrorism”?
If it is either, one would imagine that American construction workers would soon raise an outcry from sea to shining sea.
A construction worker claims he went to a hospital after being hit in the head by a falling wooden beam and that that ER staffers forced a rectal examination on him.
If this were the America of the 1880s, this would have been settled mano a mano, most likely, with a firearm.
Like any good American in 2008, the man has filed suit and the courts will settle it–and unlike most lawsuits, the judge says this trial will start in March; not the more usual waiting time of 7-10 years, depending upon on the jurisdiction.
Brian Persaud, 38, says 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 he and Persaud later learned the exam was one way of determining whether he had suffered spinal damage in the accident.
Marrone said his client 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.
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.”
Persaud’s lawsuit, filed in Manhattan’s state Supreme Court, seeks unspecified damages. A judge dismissed a misdemeanor assault charge against him.
At least no aliens were involved in the man’s account.
And no reports of whether the man called the hospital staff, “Assholes!”