Doc ‘test’y in surgery

Mal­prac­tice suit

New York Post - - NEWS - By EMILY SAUL

A Westch­ester woman is su­ing a sur­geon for al­legedly tak­ing a Span­ish test on his cell­phone — while he op­er­ated on her.

Mary Ed­wards claims that Dr. Eric Fish­man then tried to ex­plain away the egregious mis­con­duct by telling her it was his only “free” moment to work on his lan­guage skills.

Ed­wards, 70, went un­der Fish­man’s knife in Septem­ber for her vari­cose veins at Westmed Med­i­cal Group in Pur­chase.

She says she was only un­der lo­cal anes­the­sia and aware of what was hap­pen­ing around her, and heard the sur­geon make phone calls in English and Span­ish — in­clud­ing one about breast milk, and an­other about his bat­tles with di­a­betes, blurred vi­sion and “night sweats,” the suit says.

When she con­fronted Fish­man af­ter the pro­ce­dure, he ca­su­ally told her he’d been tak­ing a “lan­guage pro­fi­ciency exam” and it was the “only” moment he had to do it, ac- cord­ing to the law­suit, filed in state Supreme Court in White Plains.

“Dr. Fish­man fur­ther ex­plained to Ms. Ed­wards that he op­er­ates on Span­ish­s­peak­ing clients and, as such, he needs to be cer­ti­fied in the Span­ish Lan­guage,” the suit reads.

Plain­tiff ’s lawyer Katie Wen­dle said her client was ter­ri­fied to hear him say his vi­sion was im­paired.

“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 on Ed­wards’ be­half.

“She heard her doc­tor say he suf­fered from night sweats, from blurry vi­sion. She didn’t have any rea­son to doubt that.”

Fish­man later copped to the hor­ri­fy­ing be­hav­ior to his higher-ups in a meet­ing with Ed­wards, ac­cord­ing to Wen­dle and the suit. It’s un­clear if the med­i­cal fa­cil­ity took any ac­tion against him.

Ed­wards is su­ing Fish­man for un­spec­i­fied dam­ages.

Nei­ther he nor the med­i­cal fa­cil­ity re­turned mes­sages seek­ing com­ment.

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