Patient, 70, sues New York City doctor who 'took a Spanish test on his cell phone DURING her varicose vein surgery'

  • A New York City surgeon has been sued by a patient who caught him using his cell phone during her operation in September
  • Mary Edwards, 70, of Port Chester, filed the suit Monday against Dr. Eric Fishman
  • The woman is seeking 'monetary damages' from the event she said has caused her severe emotional distress
  • Fishman told Edwards her operation time was the only 'free' moment he had to practice his Spanish skills
  • He was also accused earlier this year of speaking on a patient's medical condition to another person in his office 

Dr. Eric Fishman of Westmed Medical Group (shown from his medical profile) has been sued by a patient for taking a Spanish test on his phone during an operation

Dr. Eric Fishman of Westmed Medical Group (shown from his medical profile) has been sued by a patient for taking a Spanish test on his phone during an operation

A woman is suing a New York City surgeon who she claims took a Spanish test on his cell phone during her procedure.

Mary Edwards, 70, of Port Chester, who was awake during the outpatient procedure for vascular surgery in September, noticed Dr. Eric Fishman of Westmed Medical Group was distracted and speaking Spanish into his device.

The furious patient filed a lawsuit in state Supreme Court Monday, seeking 'monetary damages' from the event she claims caused her severe emotional distress, according to the complaint obtained by the Daily Mail.

Edwards visited the renowned doctor - who has stellar reviews on the medical center's official website - twice this year for her varicose vein problem.

But she was shocked most recently when she saw Fishman fumbling around during her second operation.

The lawsuit notes that the American College of Surgeons prohibits cell phone use during operations.

Mary Edwards, 70, of Port Chester, (shown from Facebook) was alert during vascular surgery in September when she noticed Fishman was using his device

Mary Edwards, 70, of Port Chester, (shown from Facebook) was alert during vascular surgery in September when she noticed Fishman was using his device

Fishman's office is located inside 3030 Westchester Avenue in  Purchase, New York

Fishman's office is located inside 3030 Westchester Avenue in  Purchase, New York

The patient's lawyer revealed his client was 'in absolute terror' during the September incident, The Journal News reported.

'She had no clue what was going on until after,' Mitchell Baker said of Edwards, who was in a haze at the time.

The woman was told the full story when she asked the doctor what he was doing at the time, and he confirmed he had been taking the Spanish test.

Dr. Fishman told her the time of her operation was the 'only' moment he had free to practice his skills, the newspaper reported.

But the lesson clearly was not urgent - and Baker said: '(There is an argument that) in an emergency (cellphones) can be helpful. But this was no emergency.'  

Dr. Fishman (pictured) has stellar reviews on his medical profile. One person even praised his proficiency in Spanish

Dr. Fishman (pictured) has stellar reviews on his medical profile. One person even praised his proficiency in Spanish

The elder visited the renowned doctor twice this year to treat her varicose vein problem (an operating room at Westmed is pictured)

The elder visited the renowned doctor twice this year to treat her varicose vein problem (an operating room at Westmed is pictured)

Fishman's medical profile notes his proficiency in the language, which many of his patients speak. 

The complaint further included that the doctor violated policy previously in April when he discussed a patient's medical condition with another in his office.

Officials at the center have deemed his behavior to be 'inappropriate'.

The group is not permitted to comment further on the instances.

Fishman's profile is shown above. The surgeon received 4.6/5 stars in his reviews from patients

Fishman's profile is shown above. The surgeon received 4.6/5 stars in his reviews from patients

Fishman's office is located at 3030 Westchester Avenue in the hamlet of Purchase. 

He received his doctorate degree from Mount Sinai School of Medicine and has been affiliated with numerous hospitals in New York, his profile page said.

'An excellent doctor. Thank you very much for having doctors of the human & personal quality of *Dr. Eric Fishman & speaks Spanish,' one patient wrote back in July to his reviews section.

Another said in May they thought 'everything was handled well' during their operation.

While one more added in January: 'Dr. Eric Fishman saved my life along with his wonderful staff. God bless all of them.' 

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