Kelowna surgeon denies allegations in a malpractice suit over varicose vein surgery at KGH

Source: , Posted On:   18 March 2023

 

A Kelowna doctor has filed a response to a medical malpractice lawsuit over varicose vein surgery.

Dr. Stephan Christopher Mostowy, a physician with a specialty in vascular surgery, denies the allegations made by Nel Andrew Bottomley, an automotive technician.

Bottomley underwent surgery for high ligation, local stripping and foam sclerotherapy in January 2021.

The plaintiff claims he was left with pelvic injuries as well as permanent physical and psychological impairment. He also claims lost earning capacity and ongoing expenses related to the alleged injuries.

Bottomley is also suing the Interior Health Authority, Kelowna General Hospital, another unnamed doctor, and an unnamed nurse.

The claims of negligence against both doctors allege they failed to perform the surgical procedure in accordance with the standards of care. It also alleges inappropriate and excessive administration of foam into Bottomley’s veins and that he was not properly positioned during and after surgery.

Interior Health is accused of failing to adequately train and supervise the nursing staff at Kelowna General Hospital and failing to have adequate policies, protocols and/or procedures in place governing medical and/or hospital staff as to ensure a reasonable standard of care.

The lawsuit seeks unspecified damages, costs and past and future healthcare services.

The response filed on behalf of Dr. Mostowy denies all the allegations in the suit, opposes the relief sought by Bottomley and asks that all claims against him be dismissed with costs.

“Dr. Mostowy was not in breach of any duty to the plaintiff, as alleged or at all,” reads the Response to Civil Claim. “No act or omission on the part of Dr. Mostowy caused or contributed to any injury, loss, damage, or expense suffered by the plaintiff.”

Dr. Mostowy’s lawyer also points out that any services rendered to the plaintiff by his client were rendered under the Medical and Health Care Services Act, and there was no contractual relationship between Dr. Mostowy and the plaintiff.

The response also states Dr. Mostowy fully informed Bottomley of the risks associated with the procedure and that Bottomley "gave his consent to the treatment knowing those risks."