A Kelowna man is suing after surgery, to correct a mountain biking injury that resulted in a “deformed penis.”
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 ‘the doctor’.
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 “suspensory ligament attachment surgery,” 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 “division operation,” 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’s 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 “wheeled into the surgery room and there were many nurses in the room which he had not been warned of.” The presence of the nurses in the operating room caused Doe to feel “extremely embarrassed and ashamed.”
Next, Doe said that he was “strapped down in preparation for the operation.”
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.
“The plaintiff started to cry and the next thing he knew he was waking up in the recovery room with his penis bandaged up,” 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 “deformed” penis. He has since undergone additional surgery to repair the “damage that was caused to his penis.”
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.
“As 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.”