Hospitals across the country are now required to obtain written consent to perform intimate examinations on patients under anesthesia. Doctors, medical students, and physicians often performed unnecessary pelvic, breast, and prostate exams on unconscious patients, having things like their tonsils or cataracts removed. This was the case for many patients, mostly women, until April 2024, when the practice was outlawed on a federal level. A 2020 New York Times article exposed what, for many in the medical field, was somewhat of an open secret, pushing the need for such legislation. But why was this even a thing to begin with? Mainly for education and training purposes.
In 2005, the University of Oklahoma conducted a study where they interviewed medical students who performed pelvic exams on unconscious patients. 3 out of 4 students surveyed said they did not believe patients consented to the examination. They also expressed discomfort in conducting the exam as they felt it was unethical, considering explicit consent was not obtained. The 2020 New York Times article highlights the story of Janine, a nurse from Arizona, who received a pelvic exam while under anesthesia for an abdominal procedure. She learned that her genitalia had been examined without her permission upon awakening from surgery when a resident informed her that she had gotten her period and was due for a pap smear. Janine, a sexual assault survivor, at hearing she was examined without permission, burst into tears and “started having panic attacks trying to figure out what had happened.” Unfortunately, Janine is only one of many women who have been violated in this way.
As a part of the effort to obtain mandatory consent for pelvic exams while unconscious, several women have testified to their necessity. Science teacher Sara Wright was diagnosed with extreme vulva sensitivity after undergoing abdominal surgery. After discovering she had been examined without her permission when returning to the hospital for another procedure, she drafted her own written consent form and was denied treatment at the facility. She later testified before the Wisconsin legislature for a bill on informed consent.
The new law requiring written consent for intimate exams under anesthesia is a big step in protecting patients. Stories like Janine’s and Sara’s show how crucial it is to ask for permission first and to respect women’s bodily autonomy. It’s a move towards better trust and ethics in healthcare, ensuring such violations don’t happen again.
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She Didn’t Want a Pelvic Examination. She Received One Anyway.