Patient sues physician for talking on the phone during outpatient procedure: 4 things to know

Written by Laura Dyrda | December 07, 2017 | Print  |

A 70-year-old woman filed a lawsuit against Eric Fishman, MD, and Yonkers, N.Y-based Westmed Medical Group, claiming Dr. Fisher talked on his cell phone while performing an outpatient varicose vein procedure.


Here are four things to know:

1. The patient is seeking monetary damages with the suit, claiming emotional distress due to the surgeon's conversation during her procedure, which was a success.

2. Dr. Fishman told the patient he was taking a Spanish language proficiency examination over the phone during her procedure. According to the lawsuit, the American College of Surgeons recommends cell phone use in the operating room should not disrupt patient care.

3. In a separate vein procedure performed earlier this year, the patient also complained that Dr. Fishman spoke with a colleague about another patient in front of her. The lawsuit calls Dr. Fishman's behavior in both cases "inappropriate."

4. Westmed does not comment on pending litigation, according to ABC News.

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