Patient sues surgeon he claims botched surgery on his shoulder
A Saskatoon man is suing a doctor he claims botched an operation, causing him two years of debilitating nerve pain.
Robert Toovey had shoulder surgery on July 16, 2014. He ended up with damage to his ulnar nerve, which runs from the spinal cord to the hand and receives sensation from the middle, ring and pinky fingers, and oversees motor control.
In a statement of claim filed in Saskatoon Court of Queen’s Bench on July 15, Toovey claims orthopedic surgeon Dr. Mark Ernst was negligent in his duties and fell below the standard of care required of a competent physician.
Toovey also claims Ernst continued to treat him when Ernst knew or should have known such treatment was beyond his expertise, and that Ernst failed to disclose the damage to the nerve and failed to provide adequate followup treatment or referrals.
The allegations made in the statement of claim have not been proven in court. Attempts to reach Toovey and Ernst for comment were unsuccessful.
In a previous interview with the StarPhoenix, Toovey described the constant, intense pain he suffered after the operation. His hand was so sensitive he couldn’t wear gloves and even the gentle sensation of a bed sheet or a breeze was unbearable, he said. He struggled with depression and stopped working his successful sales job with a tax consulting company.
All attempts at treatment were unsuccessful and drugs left him a “zombie” until he received a groundbreaking electrode implant from Dr. Ivar Mendez, he said.
Toovey’s statement of claim alleges Ernst told him the pain would subside over time, and when it didn’t, he said Toovey was experiencing “ulnar nerve neuropathy” and a surgical “release” was needed.
Just before that surgery on Sept. 19, 2014, Toovey alleges Ernst told him he “was not really qualified to do this particular type of surgery,” the claim states.
At no point did Ernst or his associate tell Toovey of the permanent damage to his ulnar nerve, it adds. Toovey alleges he first learned of it from Mendez on Dec. 16, 2015.
Toovey is seeking damages in an amount to be proven at trial.
In a previous interview with the StarPhoenix, Toovey described the constant, intense pain. he suffered.