WASHINGTON (WUSA9) -- An anesthesiologist and her practice have to pay a local man $500,000 after they were caught on tape mocking him while he was sedated at a medical suite in Reston, Va.
Court documents first uncovered by our news partners at The Washington Post state that the man set his phone to record post-procedure instructions after the procedure due to his concern he might have difficulty remembering. The man said he pressed record on his cell phone before the colonoscopy, so that he would not forget to record the doctor's instructions afterward.
Unbeknownst to him, his bag with his clothes and belongings, including his cell phone, ended up in the procedure room. He later discovered he had recorded the examination, capturing the surgical team mocking and insulting him after he went to sleep.
The conversation is shocking. The anesthesiologist calls him a "retard," expresses that she "wanted to punch you in the face and man you up a little bit." She is also heard in the recording warning an assistant not to touch a rash the man has because the assistant might get "some syphilis on your arm or something. She then added, "It's probably tuberculosis in the penis, so you'll be all right."
Dr. Ingham also disparaged her patients in general declaring, "I love it. I don't even argue with these people anymore. I just go, okay, no known drug allergies and write it in their chart. I'm like, 'you're stupid.' 'You're too stupid to know what's wrong.'" She went on, "People are into their medical problems. They need to have medical problems."
Soloman Shah, the gastroenterologist who performed the colonoscopy, agreed and said, "I call it the Northern Virginia syndrome."
After hearing the recording, the man sued the two doctors and their practices for defamation and medical malpractice. After a trial last week, a Fairfax County jury ordered the anesthesiologist, Tiffany M. Ingham, and her practice to pay him $500,000.
Ingham worked out of the Aisthesis anesthesia practice in Bethesda, Md., but no longer works there, reports the Post. State licensing records indicate that she moved to Florida. Shah was dismissed from the case but according to court documents also made some insulting remarks, including "As long as it's not Ebola, you're okay." The Post notes that Shah did not discourage Ingham from her comments or actions, which included writing on the man's chart that he had hemorrhoids, when he did not.
It's unknown whether or not Ingham or Shah faced disciplinary action from the Virginia Board of Medicine. No actions are listed against either doctor on its website.
Ingham was unreachable and workers from Dr. Shah's office told WUSA9 that he was unavailable. Attorneys for the plaintiff were also unwilling to be interviewed.
"I was completely surprised. I found almost every statement to be shocking," said Northern Virginia litigator Stacey Rose Harris who often handles civil cases. She said the case will set a new bar. "I think it sends a strong message to doctors to watch what they say in the room or in a setting where where they're supposed to be acting professionally."
She predicted doctors would begin requiring patients to sign new forms forbidding electronic devices inside operating rooms or during medical procedures.
Dr. Deborah Peel, the founder of the Austin-based Patient Privacy Rights Foundation said this case could hurt relationships between doctors and patients elsewhere.
"Most people have trouble opening up to complete strangers just because they're sick, and anything that makes people afraid to see doctors, afraid of humiliation or mistreatment, that's not a good thing," Dr. Peel said.
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