BERRIOS v. OUR LADY OF MERCY MEDICAL CENTER


20 A.D.3d 361 (2005)

799 N.Y.S.2d 452

LOUIS BERRIOS, Respondent-Appellant, v. OUR LADY OF MERCY MEDICAL CENTER, Appellant-Respondent, and YEONGCHEOL KIM, M.D., Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

July 21, 2005.


Plaintiff, a paraplegic afflicted with spina bifida, went to defendant Medical Center complaining of abdominal pain. X-rays taken of plaintiff's abdomen showed four foreign bodies that appeared to the radiologist, defendant Kim, to be packages of narcotics. The police were alerted, plaintiff was arrested and handcuffed to his bed for more than 27 hours, and procedures to induce a bowel movement, including an enema and an anal probe, were administered. When those measures...

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