Legal Question in Medical Malpractice in Pennsylvania

Physically forced medical procedure

Does a doctor and his nursing staff have the right 2 restrain a patient and preform a non-emergency medical procedure on a patient that has stated that, the anesthesia for the procedure was not working, and ''No, stop, don't do this 2 me''? The procedures were an endoscopy and a colonoscopy. The patient was 2 be asleep for the procedures but remained awake. When the patient stated this 2 the doctor, the medical staff restrained the patient and forcibly began 2 preform the endoscopy. The procedure caused the patient 2 gag, choke, and regurgitate through the nose and anywhere the fluid could exit from the mouthpiece and tube that were in her mouth and throat. The patient was then forcibly rolled over to preform the colonoscopy. Is this some form of rape or torture? Should the patient contact a lawyer, the police or both?


Asked on 3/17/09, 7:06 pm

1 Answer from Attorneys
Jay Hochberg

Re: Physically forced medical procedure

It certainly sounds like an assault to me. I think it appropriate to contact both the police and an attorney. Actions like this simply should not take place.

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Answered on 3/18/09, 10:03 am


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