A Surgeon Is Being Sued for Doing This During a Varicose Vein Procedure

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Choosing to undergo any type of procedure, whether it's cosmetic or not, is not a decision that should be made lightly. One factor that plays an important role in the success of a procedure is the doctor you choose to perform it, which should involve research and vetting. The doctor should have your best interest in mind at all times and make you feel comfortable and confident. That's why when we heard about this doctor-patient lawsuit going viral, we were taken aback. 

Mary Edwards, a Westchester, NY, resident, is suing her surgeon, Purchase, NY, vascular surgeon Eric Fishman, MD, for talking on his cell phone while he operated on her, which resulted in "unspecified damages." Edwards, 70, claims that during her varicose vein procedure (she was only under local anesthesia, so she was fully awake), Dr. Fishman was making phone calls for several different purposes and speaking both English and Spanish. On one call, Edwards heard the doctor talk about his battles with diabetes, blurred vision and “night sweats,” which frightened her. 

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Edwards' lawyer, Katie Wendle, reports that her client was terrified. “What scared her so much is to be open on the operating table, with a doctor who was saying he had blurry vision,” Wendle said. “She didn’t have any reason to doubt that he suffered from those things.”

On another call, Dr. Fishman was allegedly taking a Spanish test. When Edwards confronted him afterward, her lawsuit claims he told her he’d been taking a “language proficiency exam” and it was the “free” moment he had to do it. Dr. Fishman explained that the call was necessary because he has Spanish-speaking patients and needs to be certified in the language.

Edwards' lawsuit also cites "rules" from the American College of Surgeons on cell phone use during procedures, including the fact that it "may pose a distraction and compromise patient care." Dr. Fishman has yet to comment on the case and employees of the medical facility where the procedure took place, Westmed Medical Group, have said they are not able to comment at this time.

Stay tuned to NewBeauty for updates!

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