Kelowna auto technician files lawsuit claiming debilitating injuries after surgery

Man sues Kelowna surgeon

A Kelowna man has filed a medical malpractice lawsuit against a local surgeon, another doctor, a nurse and the Interior Health Authority.

Neal Andrew Bottomley alleges that negligence during surgery to treat varicose veins left him with pelvic injuries and permanent physical and psychological impairment. He also claims loss of earning capacity and ongoing expenses to deal with his injuries.

The notice of civil claim says that Bottomley, an automotive technician, saw Dr. Stephan Christopher Mostowy in April 2018 for possible treatment of longstanding varicose veins on the front of his left thigh. After the results of an ultrasound came in, the doctor recommended that Bottomley undergo high ligation, local stripping and foam sclerotherapy.

The plaintiff claims that Dr. Mostowy failed to advise him of alternative and less invasive treatment options. He also says that the unnamed nurse left during the surgery, failing to ensure adequate nursing care and assistance.

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 health care services.

So far, there has been no statement of defence filed in the case.

The allegations in the notice of civil claim have not been proven in court.

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