Mary Edwards, 70, claims she suffered "severe emotional distress" when Dr Eric Fishman remedied her varicose vein while chatting on his mobile about experiencing blurred vision, diabetes and night sweats in Spanish - a language that Edwards is proficient in. The lawsuit seeks unspecified monetary damages. According to the lawsuit, Edwards claims Fishman had a conversation in Spanish on his cellphone during the second outpatient procedure. Edwards claims Fishman later explained he was taking a Spanish proficiency test during the surgery.
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He later said that it was necessary because he has a lot a patients who speak the language. He said the only time he had to complete the exam was during the operation, the lawsuit states.
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But Edwards claims she was left traumatised by the operation, for which she was fully conscious throughout, having only gone under local anaesthetic. She had no clue what was going on until after. Citing privacy laws, Westmed issued a statement saying, it "doesn't comment on patient care or pending litigation".
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