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Woman sues surgeon, claims he was on cell phone during operation

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Marcus Solis reports from Purchase, New York.

A woman from Westchester County, New York, is suing her doctor, who she claims was talking on his cellphone during an operation.

Mary Edwards, 70, of Port Chester, was treated for a varicose vein in September by Dr. Eric Fishman of Westmed Medical Group.

According to the lawsuit, Edwards heard Fishman on his phone speaking in English and Spanish. Edwards said Fishman told her afterward he was taking a language proficiency exam since he has many Spanish speaking patients.

The lawsuit claims Edwards suffered emotional distress, describing Fishman's conduct as "beyond all possible bounds of decency."

Citing privacy laws, Westmed issued a statement saying, it "doesn't comment on patient care or pending litigation."

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