This patient was brought in by the Customs and Border Protection agents for suspicion of smuggling drugs across the border. They requested an exam of the patient without consent (body cavity search) to search for contraband.
I spoke to the patient. I asked if she would allow us to do the exam as requested. She said no. I then went and spoke to the officer and told the officer that she was not consenting. The officer explained to me how high their suspicion was and made it clear to me that they had the authority to have this done and that they really wanted this to be done even if it was without consent.
I went back and spoke to the patient, explaining to her my conversation with the officer. The patient then allowed my designee (Dr. Cabanillas) to do the exam without resistance. The exam was similar in nature to a typical pap smear that women often have. The patient and ACLU never alleged any physical force such as being held down.
That’s what happened. What did I do wrong? Two things. First, I listened to the officer and I did not ask for proof that she had the proper authority (warrant) to do the exam without consent. The reason I did this was because I thought I’d just go back and ask the patient a second time. If she had again refused, I would have gone back to the officer. I was not about to have the patient held down for the exam.
Secondly, I asked twice. I should not have asked twice. The patient made it clear the first time when she said no. Even though I did not use harsh or commanding language, by explaining my conversation with the officer to her I was pressuring her to consent. This is not acceptable and should not have been done.
The patient claimed that this experience caused her psychological distress and was awarded over a million dollars from law enforcement and the healthcare entities involved. As a result of this case federal agents, at least in our region, do not bring suspected body packers to local hospitals for searches any longer."
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Dr. Parsa responds in a comment thread
Seems to actually be him:
http://blog.bennettandbennett.com/2013/12/a-few-words-for-dr-michael-parsa/#comment-346797
"Let me tell you what did happen that night.
This patient was brought in by the Customs and Border Protection agents for suspicion of smuggling drugs across the border. They requested an exam of the patient without consent (body cavity search) to search for contraband.
I spoke to the patient. I asked if she would allow us to do the exam as requested. She said no. I then went and spoke to the officer and told the officer that she was not consenting. The officer explained to me how high their suspicion was and made it clear to me that they had the authority to have this done and that they really wanted this to be done even if it was without consent.
I went back and spoke to the patient, explaining to her my conversation with the officer. The patient then allowed my designee (Dr. Cabanillas) to do the exam without resistance. The exam was similar in nature to a typical pap smear that women often have. The patient and ACLU never alleged any physical force such as being held down.
That’s what happened. What did I do wrong? Two things. First, I listened to the officer and I did not ask for proof that she had the proper authority (warrant) to do the exam without consent. The reason I did this was because I thought I’d just go back and ask the patient a second time. If she had again refused, I would have gone back to the officer. I was not about to have the patient held down for the exam.
Secondly, I asked twice. I should not have asked twice. The patient made it clear the first time when she said no. Even though I did not use harsh or commanding language, by explaining my conversation with the officer to her I was pressuring her to consent. This is not acceptable and should not have been done.
The patient claimed that this experience caused her psychological distress and was awarded over a million dollars from law enforcement and the healthcare entities involved. As a result of this case federal agents, at least in our region, do not bring suspected body packers to local hospitals for searches any longer."