Pelvic Exams without Consent: Medical Malpractice Suit?
March 1st, 2010. By janem
Imagine you’re unconscious and several men insert objects into your vagina. Many women would consider this gang rape. At the very least, sexual assault. Guess what, it may have happened to you—without your knowledge!
How would you react if you underwent surgery such as a routine hysterectomy and found out that right after you were anesthetized, a team of medical students performed pelvic exams—without your consent? I believe that is a violation of our basic rights, to say the least. Where’s the respect?
I know what I’d do: file a medical malpractice suit, pronto. As a matter of fact, I’m actually scheduled for routine surgery in a few months—at a university hospital—and that rang my alarm bell. I called my gynecologist and spoke with her receptionist. “Under no circumstances do I want a student poking around my private parts,” I said, or probably yelled. She replied that I had to take that up with my gynecologist, who of course is never available for a phone call.
So does uninformed consent qualify for a medical malpractice suit? Well, not quite, but then again, I haven’t spoken with a medical malpractice attorney…What I did discover online is that “A medical practitioner may also be legally liable if a patient does not give “informed consent” to a medical procedure that results in harm to the patient, even if the procedure is performed properly.” In my opinion, psychological harm fits the bill.
In Canada, you aren’t even asked for consent, unlike the UK and the US—or so Americans and Brits were led to believe. Some ethical medical students have been asked to perform pelvic exams in Canada (and in British and American hospitals) without the patient’s knowledge, and they have refused. And that’s how the public knows about this nasty little secret—from med students speaking out. Good for them.
Pelvic exams without consent in the UK and the US were ostensibly banned years ago, but in 2003 the BBC reported that this policy was not being followed. One year later, ABC’s Good Morning America show interviewed Dr. Ari Silver-Isenstadt, co-author of a study published in the American Journal of Obstetrics and Gynecology, who said that for years, students had been performing pelvic exams on patients who had not officially given consent.
On one online health forum, a midwife said that doing a vaginal exam on a dummy is almost as useless as doing one on an anesthetized patient. Most of us tense up when we have a pelvic exam so what’s the point of examining a woman who is unconscious? Wouldn’t a med student need to learn how to be gentle and reassuring? It’s incomprehensible that this 19th century “learning tool” is still going on today.
Ladies, if you are scheduled for a routine surgery, read the small print before you sign on the dotted line when admitted to hospital—particularly if you live in Canada. Some consent forms say that “Students may be involved in my care,” but that doesn’t mean they have carte blanche. If you don’t want it, write an amendment to the consent form stating NO pelvic exams. If you had surgery before 2004 and think you might have been violated, you might want to consider talking to a medical malpractice attorney. I certainly would.
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What good is a law if there's no way to enforce it? There is no substitute for familial/close friend/lover/pastoral supervision *and* regulatory supervision of *every* anesthetized patient, and unedited videographing of the entire procedure from induction to recovery. Even a modicum of library and online research reveals that the medical mafia is the most shamelessly and blatantly misogynist gang of perverts since Marquis de Sade. If there was a way to make abusers change, natural selection would've discovered it billions of years ago and it'd be an inborn instinct. Instead, we have the powerful vengeance instinct for this purpose. Power corrupts and absolute power corrupts absolutely. Power is not given up; it must be taken by force. In the Old Testament it is written that we must destroy the evil that is among us. I accept no excuses and seek the death penalty.
This little practice is not limited to pelvic exams. For instance, a local anesthesiologist has estimated that approximately 15% of intubations as part of the anesthesiology procedures for surgery of any kind at a Spokane hospital is done by paramedic/EMT STUDENTS.
The hospital's blanket consent form, which has a standard "students may be involved in your care" clause.
What else are those students doing that we do not know about?
You can mark thru the consent form anything you do not want on there AND fill in what your wishes are as to what you want to happen, such as Female doctors ONLY and NO STUDENTS IN THE ROOM !! They will tell you you can’t do that BUT you can. Also tell them you want a copy of everything from start to finish. and NEVER sign a blank consent form, Make sure it is filled out complete.
Do you think they could have done it on someone as young as 13 or 14?! I had surgery before 2004 and I'm scared that if they practiced it that young, it could have happened to me!
yes ! it has happened before and will happen again unless women stand up and demand that only females attend to females and not sign a consent form until you have made it clear what your wishes are and you will sue if not.
FEMALES ARE NOT THE SOLUTION to sexual misconduct since they also can be perverts and guilty of sex abuse. Sexual asault is about power and many nurses (female) take out their frustration on the patients since on bottom of totem pole. I am not the only female who has sufffered sexual misconduct by female nurse. Its a very isolating experience that causes shame and fear of going to a doctor Nurses dominate the healthcare field and have ZERO accountability It causes more harm to patients with history of sexual abuse and trauma in childhood.
Less than one week ago I went to the urologist (recommended by emergency room doctor) to determine that the cyst on my kidney was just that. I ask him, before the exam, if there could be any correlation between my postmenopausal bleeding and this kidney cyst. He said absolutely not. He did an external exam and declared that all was normal but that he wanted a urine sample through catheter. I should have said no but I didn’t. He painfully drew urine from my bladder. About 30 seconds later he jammed, and I mean roughly, his fingers in my vagina and my rectum. I erupted in screams of pain and he continued. I am a rape survivor and I do not consent to pelvic exams. I was crying hysterically as he left the room and he turned and said “Why are you crying?” As if the screams of pain during the exam went unnoticed.
I guess if you’re in the stirrups anything goes.
Completely horrific..Why do Med Students not try performing these exams on each other. Better yet, how about do it on the Nurses who participate in abducting babies from Mothers they have drugged and co-erced. We have such a warped society .
This is absolutely disgusting and horrific. In the real world this would be considered rape, or sexual assault at the least. Would it be possible that they would preform this on someone who had surgery that is non gynecological? I had surgery in 1998 and this happening would explain A LOT….
Is this lawsuit going forward? I am writing a book and would love to talk more. 541-787-8746
I was told about this happening in the Teaching Hospital in Little Rock by a Med student who was a friend, also said they would walk the halls looking for the youngest and prettiest females and tell the nurses to bring them to the exam room where 5or6 would take turns doing the pelvic exam.
This happens all the time at the UAMS in little Rock, Ar. Please have someone with you at all times if you go there, And make sure you note it on the consent form your intentions.
This won’t change unless the woman stands up for her rights !!
I had laparoscopic surgery 2 weeks ago, in a private hospital, Auckland NZ, for hiatus hernia repair. I passed some blood vaginally (very slight amount) the evening of the surgery (was returned to my room 7pm) and for 3 days post-op. Almost the sort of blood from a vaginal trauma. I’m really conflicted about the cause. I’m 57 and have not passed any blood vaginally for 10 years. I will mention it to my surgeon at the post-op appointment next week.
The issue of secret exams under anesthesia is a widespread problem, as i see it. Fairly frequently patiens wake up with symptoms and arrangements that something untold has been done. It does not only comprize adult women, but also children and teens of both sexes, and it does not limit itself to just pevic exams. I have done some research about the issue, and have written the following article based on my studies:
ezinearticles.com/?Secret-Medical-Exams-in-Young-People-Under-General-Anesthesia&id=9223073
I am a healthy male, never had an operation. I went in to the hospital for a hernia repair. I was told ìt`s a teaching hospital` and signed something giving nursing students access to my `ìnformation`.They took me into the O.R. 1 hour and 15 minutes before the doctor was due to arrive. I was alone with 4 or 5 female nurses and nursing students. The (female) anesthetologist says “ let`s go!“ and she puts a mask on my face and i pass out. I wake up on the table, the doctor is not there yet, and I look down and see that they have pulled my gown up and my legs have been spread, and that I have a full erection. the anesthetologist says `i`ve got it“ and puts the mask back on my face and i pass out.
When i wake after the operation, I see that all the hair on my pubic area, my penis and scrotum has been carefully shaved right back to my anus. there is no stubble, nor burns or cuts on the rough skin of the scrotum. No cuts or burns removing the finer hair on my penis.
This would have to take quite some time to shave my genitals so carefully. The whole genital area was covered with a reddish stain from an antiseptic called penta-something, and the head of my penis was painted orange, from iodine, i assume. I had some dried semen on my stomach skin below my belly button, and lubricant on my anus. It says online that an endoscope or ultrasound wand in the anus contacting the prostate during an erection can cause ejaculation. I understood i was given a catheter. It says a catheter during erection also causes ejaculation. I`m not sure which way they did it. When they give you a catheter, they tie the penis to the leg. if they do this while the penis is erect, it can be very painful and maybe damaging.
I paid for the whole 48-page report of my operation. It doesn`t mention that i had an erection, and it doesn`t state that i woke up on the operating table.
I contacted 3 law firms specializing in medical malpractice, and they all said these cases rarely win, and there usually has to be some physical deformity. Simple psychological trauma from suspected abuse is not sufficient grounds to win a case. The lawyer said to file a complaint at the hospital. There is nothing i can do, because i have no proof. It`s just my word against the hospital and all of them. I`ve been haunted by these images in my dreams, and applied for counselling to overcome them and move on.
Good for YOU to speak up about it. Speaking out about sexual predatory behavior in females is necessary to expose this little known secret. The fact that in society there is NO standard or degree of responsibility for the effects females have on others is part of the problem making it invisible to deal with. Abuse trickles down. Most nurses and assistants are female and there is nothing taught to them about their behavior being hurtfull. Bully behavior is typical of women and patients are at the bottom of the totem pole in all medical facilities.
Females are above reproach and the female gender being posed as a solution to sexual abuse in healthcare is very horrifying to me since being molested by a nurse chaprerone during a gyn few times over decades also due to most recent incident I learned after via the www thats shes a lesbian married to a women. Thats a protected class and my adult experiences has shown me that lesbians (my age group) can be sexual preditors. I believe heathcare is a breading ground for these preditors. Most people wish to die vs get needed intrusive exams for a reason. Females dominate healthcare and have NO standard of conduct or responsibility for their sexual behavior.
Educational pelvic exams under anesthesia without explicit consent still occur.