By Alissa Greenberg
June 24, 2015

A Virginia man has been awarded $500,000 in medical malpractice and punitive damages by a jury after his phone’s voice recorder, accidentally left on during a procedure, captured cruel and mocking comments his doctors made about him while he was under anesthesia.

Robert Daly—Caiaimage/Getty Images

In the recording, which jurors heard as part of the three-day trial that took place in mid June, anesthesiologist Tiffany Ingham can be heard with other doctors and assistants calling the man (who remained anonymous in the case) a “wuss” and a “retard,” the Washington Post reports. “After five minutes of talking to you in pre-op, I wanted to punch you in the face,” Ingham says.

The recording also caught the doctors calling the man names, mocking his health, and planning how to avoid him after the surgery. At one point, Ingham calls the patient “annoying” and suggests that the gastroenterologist performing the surgery fake an urgent summons in order to escape a post-op discussion.

Farid Khairzada, one of the jurors in the case, told the Post that the man had asked for $1.75 million and that the $500,000 was a compromise between a juror who did not believe the man deserved to win any money and at least one who felt he should receive more.

“We finally came to a conclusion that we have to give him something, just to make sure that this doesn’t happen again,” Khairzada said.

[Washington Post]

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