Posted at: 03/11/2014 10:32 PM
By: Joseph Lynch, KOB Eyewitness News 4
It is an unimaginable in America that a doctor would perform enemas and a colonoscopy without consent, but according to a southern New Mexico man's lawsuit, that's exactly what happened.
David Eckert says he was taken to two hospitals and subjected to two anal probes, including a colonoscopy. All because, he was told, officers suspected he had drugs.
But drugs were never found.
The county and the city of Deming settled the case for $1.6 million.
Now, New Mexico's medical review commission agreed unanimously that there was a reasonable probability that the doctor involved, Okay Odocha, committed "professional negligence" and committed harm to David Eckert, according to his attorney, Shannon Kennedy.
"We were not surprised by the result. But clearly it sends a positive message that doctors and attorneys on the board, that his peers in his profession, are telling him loud and clear to take personal responsibility for his action," Kennedy said.
That unanimous vote by the commission clears a major hurdle required by state law to sue a doctor for negligence or malpractice. Eckert's attorney says Dr. Odocha still won't admit that he did something wrong.
"If the doctor would step up and take personal responsibility and apologize for his conduct and acknowledge that what he did was wrong, that would go a very, very long way toward resolving this situation," Kennedy said.
For now, the next step will be to take Eckert's case to the state district court.