Brian Persaud visited New York-Presbyterian Hospital Weill Cornell in May 2003 after he was struck in the head by a plank while working at a construction site, the New York Daily News reported Wednesday.

Hospital records say Persaud was "alert and oriented times three" when he arrived at the hospital and was informed that he would need a rectal exam.

Persaud objected loudly to undergoing the procedure and smacked a doctor during the struggle, leading to his sedation and arrest.

The rectal exam was performed while Persaud was sedated.

The charges against the construction worker were later dropped and he filed a malpractice suit against the hospital for forcing the procedure on him.

"This poor guy goes in for eight stitches and he ends up in jail," said his lawyer, Gerard Marrone. "He had the right to say no."