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Kelowna man sues hospital, doctor for 㽶Ƶֱdeformed㽶Ƶֱ penis after surgery

The presence of nurses in the OR caused him to feel 㽶Ƶֱembarrassed and ashamed㽶Ƶֱ before the penis surgery
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Kelowna General Hospital (File photo)

A Kelowna man is suing after surgery, to correct a mountain biking injury that resulted in a 㽶Ƶֱdeformed penis.㽶Ƶֱ

The man, who will be referred to as John Doe, to protect his privacy, filed a lawsuit with the Supreme Court of British Columbia on April 11, against the Kelowna General Hospital and a surgeon, who will be referred to as 㽶Ƶֱthe doctor㽶Ƶֱ.

In the spring of 2020, Doe was mountain biking when he tore a ligament in his penis, causing it to bend slightly to the right.

He alleges that despite the curve, he was able to maintain an erection and engage in sex without pain.

Doe then sought surgery to repair the curve. He alleges that the doctor told him that he would perform a 㽶Ƶֱsuspensory ligament attachment surgery,㽶Ƶֱ to correct the right lean.

Doe said that he was told that the doctor had only ever performed the surgery once before, on a cadaver.

Days before the surgery, Doe went to the hospital where he spoke with a nurse.

He alleges that the nurse told him that he was scheduled for a 㽶Ƶֱdivision operation,㽶Ƶֱ to which Doe responded that he was not supposed to get that kind of surgery.

The nurse told Doe that he should get in contact with the doctor to discuss the surgery.

Doe alleges that he called the doctor㽶Ƶֱs office but was never called back.

On the day of the surgery, April 27, 2021, Doe alleges that he asked to speak with the doctor before the operation.

Then, the lawsuit states that he was 㽶Ƶֱwheeled into the surgery room and there were many nurses in the room which he had not been warned of.㽶Ƶֱ The presence of the nurses in the operating room caused Doe to feel 㽶Ƶֱextremely embarrassed and ashamed.㽶Ƶֱ

Next, Doe said that he was 㽶Ƶֱstrapped down in preparation for the operation.㽶Ƶֱ

Then, the doctor walked into the room and Doe alleges that he told the doctor that he was doing the wrong procedure. The lawsuit says that Doe told the doctor that he did not consent to the operation being conducted.

㽶ƵֱThe plaintiff started to cry and the next thing he knew he was waking up in the recovery room with his penis bandaged up,㽶Ƶֱ reads the lawsuit.

Doe alleges that he was in shock and upset when he discovered that the doctor had done the division surgery, not the ligament reattachment.

Doe is suing for damages as a result of his 㽶Ƶֱdeformed㽶Ƶֱ penis. He has since undergone additional surgery to repair the 㽶Ƶֱdamage that was caused to his penis.㽶Ƶֱ

Doe alleges that he continues to suffer from pain, and emotional distress and can no longer hold an erection or engage in intercourse.

The lawsuit names both the hospital and the doctor for general damages, special damages and past and future costs of healthcare.

The Canadian Medical Protective Association (CMPA) is a defence organization that works to advise and assist Canadian doctors with medical-legal matters. The association also compensates patients who have been harmed by negligent medical care on behalf of doctors.

Noella LeBlanc, with the CMPA, said that they cannot comment on individual doctors or cases and we are unable to provide an interview at this time.

㽶ƵֱAs a mutual defence organization, we support members to ensure they receive fairness and due process and, when required, provide them with an ethical defence. In the case of a civil suit, if experts conclude the standard of care was not met, and this failure harmed the patient, we compensate the patient or their family quickly and appropriately.㽶Ƶֱ

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Jacqueline.Gelineau@kelownacapnews.com

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Jacqueline Gelineau

About the Author: Jacqueline Gelineau

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