A colonoscopy patient in Virginia is suing the doctors who performed his colonoscopy for defamation and infliction of emotional distress.
The suit alleges that Tiffany Ingham M.D. and Solomon Shah M.D. began impugning him as soon as he was unconscious. He knew this because he used his cell phone to record the doctors’ instructions for post-operative care and then neglected to turn it off. One doctor was recorded as saying “after five minutes of talking to you in pre-op I wanted to punch you in the face and man you up a little bit.” It recorded a doctor referring to another doctor who would like to “eat [plaintif] for lunch”. They discussed his lack of manliness, his being a “big wimp” and whether he was gay. They also discussed an an irritation on his penis and wondered theorized it was syphilis. There also was an indication that a medical assistant touched plaintiff’s penis which prompted a discussion of whether the assistant was at risk of catching the disease. Plaintiff discovered these and other comments on the ride home when he and his wife listened to the recording. As a result, the complaint alleges he suffered “distress, including embarrassment, loss of sleep, and mental anguish, as a direct and proximate result of the conduct…” Plaintiff seeks $1 million in compensatory damages and $350,000 in punitive damages for among other claims defamation and infliction of emotional distress.
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