"I'm not a doctor, but I'll take a look"

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**Ouze**

Saving Hope actors witnessed rectal exam: Lawsuit

Medical shows on TV are keen on getting their facts straight and their scenarios realistic.

But at least one patient insists that research shouldn’t include letting the actors in to watch you get a rectal exam.

That’s what Walter Fisher claims happened two years ago when he was at the Brampton Civic Hospital. Dressed in medical garb, he assumed the man and woman accompanying his doctor were medical students or fellow physicians. Instead, he claims, he later learned they were really from CTV’s medical drama Saving Hope and were watching his “invasive physical examination” — and may have even participated — without his knowledge or consent.

Fisher has just filed a $100,000 lawsuit against the William Osler Health System, which oversees Brampton Civic, his doctor and a number of people and companies connected with the Canadian TV show, claiming assault and battery and a breach of privacy.

None of the allegations have been proven in court and no statements of defence have yet been filed.

“He was shocked, he was completely shocked and very upset,” said his lawyer, Douglas Elliott. “He’s a very private person and the idea that strangers were looking at him in those circumstances was humiliating and a gross violation of his privacy.

“He certainly wouldn’t have agreed to let them stay in the room during his rectal exam.”

Saving Hope, CTV’s hit medical drama that takes place in the fictional Hope Zion Hospital, debuted in 2012 and is now in its third season. The show prides itself on working with 20 medical professionals across the GTA. “If we don’t do our research properly, our viewers will know and they will feel shortchanged,” show writer and researcher Maggie Gilmour said in a St. Joseph’s Health Centre publication two years ago.

Which is all well and good, except Fisher insists that their research didn’t involve his consent.

He went to the emergency room at Brampton Civic Hospital on Oct. 18, 2012 with gastrointestinal problems. In his claim, Fisher said he was seen by a doctor as well as a man and a woman he later identified as actors or possibly a show researcher. All were dressed as medical personnel.

“(They) did not inform the Plaintiff that the only purpose of the Defendants ... being in attendance was to conduct background research for their television show ‘Saving Hope’,” the statement alleges.

He accuses the doctor, Brampton Civic and William Osler of “intentionally and/or negligently” misrepresenting the “true identities and intent” of the Saving Hope staff.

While the two were in the room, Fisher said his doctor did a rectal exam. According to his lawyer, the Brampton man was lying on his back “and he could feel more than one set of hands on him.” In his lawsuit, he alleges he was a victim of “assault and battery.”

He also contends the hospital breached his privacy by discussing his medical history, condition, symptoms and charts with the pair from Saving Hope without his informed consent.

A spokesman for ICF Films, which produces the TV show, dismissed Fisher’s claims. “Unfortunately, people can sue for all kinds of things, whether they have a basis or not,” said Kathy Avrich-Johnson. “We don’t think he’s got any case at all.”

The hospital wouldn’t comment specifically on his allegations but issued a statement saying that “under no circumstances would Osler permit anyone outside of the patient’s care team to attend or observe patient treatment or consultations without the patient’s knowledge or consent.”

The two-year statute of limitations was nearing when Fisher filed his lawsuit on Oct. 14 but his lawyer is optimistic that a settlement can be reached.

“They really put their desire to help the actors above their duty to their patients, and that really should come first,” said Elliott. “I don’t think this type of thing happens very often and hopefully it won’t happen again.”

source

**Breotan**

Shouldn't they have to get a patient's consent before allowing anyone to observe? Possibly excepting medical students, but that'd be about all. I mean it'd be pretty hard to claim doctor/patient confidentiality during litigation yet anything goes for actors/TV studios.

**ScootyPuffJunior**

Breotan wrote:
Shouldn't they have to get a patient's consent before allowing anyone to observe? Possibly excepting medical students, but that'd be about all.

Any time I've been to the doctor and there had been a student or someone in training or whatever, the doctor has always asked for my consent before doing anything.

**Ouze**

My doctor often has a scribe with him (and does not get consent, per se, simply introduces them as someone whose job it is to take notes).

I'm not super fond of the practice but have not complained. On the other hand, I haven't been getting my butthole checked out either, so I might be more selective in that situation.

**Ahtman**

Breotan wrote:
Shouldn't they have to get a patient's consent before allowing anyone to observe?

It states in the article that "“under no circumstances would [the doctor] permit anyone outside of the patient’s care team to attend or observe patient treatment or consultations without the patient’s knowledge or consent".

This is the key to the whole thing:

but his lawyer is optimistic that a settlement can be reached

**Rusty Trombone**

What a PITA.

**SBG**

I'm sure he's feeling pretty crappy about this, so I hope the courts can get things pushed out quickly so that he doesn't have to feel strained. It would really be frustrating to have strangers delve so deeply into their work.

**Leigen_Zero**

gah! not the first to be able to make derriere puns, ah well, on with the show

Looks like that guy got a bum deal out of the whole thing...

**Ahtman**

Leigen_Zero wrote:
Looks like that guy got a bum deal out of the whole thing...

I wouldn't worry to much; it'll work out in the end.

**Aesop the God Awful**

Did an observer drop a Junior Mint?

**timetowaste85**

Guys, I hate to be anal about this, but isn't this a breach of human decency? I really think the mods should pull the plug on this one. It's a really crappy situation, and he should get all the firm support he needs.

Okay, Im done. Seriously, that show needs to have its ass sued off (apparently, I wasn't). The producer is an donkey-cave.

**Leigen_Zero**

You never know, the judge might feel the need to make a motion to make sure crappy situations like this pass a lot smoother in the future.

Could even start a movement

**timetowaste85**

I think our attitudes are a bit tainted. Seriously, this feels like it's coming from the very bowels of Dakka.

**d-usa**

I think most consent forms have a very generic "it's okay for other people to be present and watch" section that is always present. That usually covers the presence of students, interns, QA folks, company reps of the equipment used, etc. But I don't know exactly how generic that consent really is. I'd have to take a look at ours next time I go to work.

Edit: that is for actual invasive procedures.

**Ensis Ferrae**

d-usa wrote:

Edit: that is for actual invasive procedures.

And rectal exams aren't invasive??

**Rusty Trombone**

Lol!

I suppose the plaintiff flushed with anger at the news? If the case goes to trial, will it require (brown) eye witnesses, airing grievences? Oh, the dirty laundry and crap slinging likely to ensue. I imagine a win would leave a stain on the hospital with enemas made of it's board. I just hope the judge does his duty.

If you wish to show support(no smear campaigns, please!) stage a sit in or T.P. your local proctologist's office today. Just park in the rear.

Yes we 'can'!

*giggles*

**d-usa**

Ensis Ferrae wrote:
d-usa wrote:

Edit: that is for actual invasive procedures.

And rectal exams aren't invasive??

Well, it's not "we gotta cut you up and take a look" invasive!

**Ensis Ferrae**

d-usa wrote:
Ensis Ferrae wrote:
d-usa wrote:

Edit: that is for actual invasive procedures.

And rectal exams aren't invasive??

Well, it's not "we gotta cut you up and take a look" invasive!

Lol, true... but putting things in an exit only hole is pretty damn invasive to me!! I honestly wouldn't mind some actor seeing my lungs or whatever (so long as they aren't touching any of the tools... maybe in the observation deck or whatever), but allowing someone to watch a doctor put things where they dont belong!? hell no!

**d-usa**

But let's also keep in mind that there is absolutely zero proof that any of this actually happened. He doesn't even know who these people are, he is just guessing that they had something to do with a show and even then he doesn't know if they were actors or consultants.

**Laemos**

To much butthurt for one thread.

**Kilkrazy**

ScootyPuffJunior wrote:
Breotan wrote:
Shouldn't they have to get a patient's consent before allowing anyone to observe? Possibly excepting medical students, but that'd be about all.

Any time I've been to the doctor and there had been a student or someone in training or whatever, the doctor has always asked for my consent before doing anything.

That is certainly the case in the UK and any country in which the principle of medical confidentiality has any meaning.