According to data published by the Centers For Disease Control & Prevention (CDC), roughly 60% of all newborn males are circumcised in the United States each year and is among the most common surgical procedures performed. Nevertheless, like any other medical procedure, circumcision has its associated risks.
While incidents of injury resulting from the circumcision procedure are rare, surgical errors do occur and the severity can range from excessive bleeding to significant tissue loss, and even partial amputation. A botched circumcision can have life-long effects ranging from deformities to pain and erectile dysfunction. In many instances, an improperly performed circumcision may be grounds for a medical malpractice claim or Massachusetts personal injury claim.
Possible Complications Of A Botched Circumcision
There are several common causes of unintended outcomes in circumcision procedures. Errors often involve improper placement of the clamp used to perform the procedure. While this list is far from exhaustive, the following are among the more common medical consequences associated with penile injury secondary to circumcision:
- Excessive bleeding
- Too little foreskin removed
- Too much skin removed
- Infection
- Meatitis – Irritation and inflammation of the urethral opening
- Chordee – Curvature of the penis caused by uneven skin removal
- Full or partial amputation of the glans or ureter.
In addition to the factors most often associated with surgical complications, there may also be genetic or naturally occurring conditions present when the baby is born that make circumcision inadvisable and therefore more likely to encounter complications if ignored.
In addition to the range of physical problems that may arise as a result of an improperly performed circumcision, there is a significant risk that the child will suffer emotional distress later in life – particularly when he is old enough to understand that something about him is different from other boys. He may have difficulty understanding what happened, feel embarrassed about his physical appearance, or feel uncomfortable engaging in a sexually intimate relationship.
When Is A Botched Circumcision Medical Malpractice?
Just as with any type of surgery or medical procedure, the doctor performing the procedure is expected to adhere to generally accepted medical “standards of care”. If the doctor departs from the generally accepted standard of care, and the child is injured as a result, it may be grounds for a medical malpractice claim or lawsuit.
Any of the following could be considered a breach of the standard of care pertaining to circumcision procedures:
- Improper use of surgical tools
- Inadequate supervision during the procedure
- Performing a circumcision without consent of the parents
- Performing a circumcision on a child with a penile anomaly where it is medically accepted that circumcision could be harmful.
- Use of a defective surgical tool or tools
- Inadequate training to properly perform the procedure
- Negligence during the operation, such as intoxication
- Improper care after the procedure
Even though circumcision is perhaps the most common surgical procedure performed on newborn males, there are several different methods used to perform the procedure. The physician’s choice of method may involve more or less risk when compared to other common methods.
Speak With A Qualified Medical Malpractice Lawyer
If you suspect that your child has suffered an injury and you’re in need of a botched circumcision lawyer, contact Parker Scheer LLP today. You may be entitled to recover significant compensation for medical costs associated with any injuries caused, emotional hardship, and other related damages and losses. In most states, there are strict deadlines that must be respected when it comes to the filing of a medical malpractice claim. For this reason, we strongly suggest contacting one of our highly experienced attorneys as soon as possible following the injury.
Parker Scheer LLP personal injury attorneys in Boston have had extensive experience representing victims of negligently performed circumcision procedures and will take every step to protect your rights and those of your child to best ensure the most favorable outcome of your child’s case.
You may contact us anytime online or by telephone at (866) 416-7002 to schedule a free consultation. We will be happy to review the complete details of your case and discuss your legal options with you.
Botched Circumcision Settlements
CASE SUMMARY:
Two days after the birth of a healthy, African American baby boy, the defendant, a pediatrician, visited the child’s parents and offered to perform an elective circumcision on the minor. While the mother was initially reluctant to agree to the procedure, she ultimately was persuaded by the defendant that circumcision was medically advisable. At no time during their discussion did the Defendant ever mention or note any pre-existing condition or anomaly that added any additional risk to the elective circumcision procedure. The Defendant assured the parents that he had successfully performed numerous circumcisions in the past without incident. In the end, the parents agreed, and the Defendant performed an elective neonatal circumcision on the minor using a Mogen clamp.
During the procedure, which was performed by the physician in a major hospital, the Defendant inadvertently amputated a portion of the minor’s glans penis. The Defendant attempted to repair the damage he caused by closing a portion of the glans with three 5-0 chromic sutures. As a result, the minor sustained a loss of tissue on his glans penis, measuring five by four millimeters. At no time did the Defendant request or otherwise recommend surgical repair by a pediatric surgeon, which, the plaintiff’s expert was prepared to testify, would likely have improved the cosmetic result and reduced the degree of resulting hypospadias.
The defense contended, notwithstanding the unfortunate nature of the occurrence, that no long-term physical impairment or limitations were likely to be experienced by the plaintiff in later life. However, the plaintiff was prepared to offer evidence at trial that in the event the plaintiff became self-conscious of the injury during adolescence, lowered self-esteem and other psychological issues were likely to manifest. Plaintiff’s expert, a leading authority in the area of adolescent psychiatry, was prepared to testify that in addition to counseling which may benefit the minor plaintiff in later life, his parents, as the plaintiff’s primary caretakers and nurturers, would also greatly benefit from counseling, designed to educate them in addressing potential questions or concerns of their son in later life. Counseling was also expected to involve recommendations for resolving the questions of siblings, old enough to appreciate the injury suffered by their younger brother.
Case Result – Botched Circumcision 2
CASE SUMMARY:
The plaintiff underwent voluntary (non-religious) circumcision at the hands of the physician who had delivered him only two days earlier. During the procedure, performed in a major hospital, the defendant inadvertently severed a portion of the tip of the plaintiff’s glans penis.
The plaintiff was transported by ambulance to Children’s Hospital in Boston where he underwent emergency reanastamosis of the severed tip. The procedure was highly successful, but a small degree of tissue loss and a minor hypospadeous resulted.
The defense contended, notwithstanding the unfortunate nature of the occurrence, that the reattachment procedure was highly successful and that no long-term physical impairment or limitations were likely to be experienced by the plaintiff in later life.
The plaintiff was prepared to offer evidence at trial that in the event the plaintiff became self-conscious of the injury during adolescence, lowered self-esteem and other psychological issues were likely to manifest. Plaintiff’s expert, a leading authority in the area of adolescent psychiatry, was prepared to testify that in addition to counseling which may benefit the minor plaintiff in later life, his parents, as the plaintiff’s primary caretakers and nurturers, would also greatly benefit from counseling, designed to educate them in addressing potential questions or concerns of their son in later life. Counseling was also expected to involve recommendations for resolving the questions of siblings, old enough to appreciate the injury suffered by their younger brother.
Medical Injury – Botched Circumcision
NATURE OF CASE:
Medical Malpractice; botched circumcision
INJURIES ALLEGED:
Partial amputation of tip of glans penis during elective circumcision of a newborn.
NAME OF CASE:
Withheld.
COURT:
United States District Court
JUDGE:
Michael A. Ponsor
AMOUNT OF AWARD / SETTLEMENT:
Structured settlement, with payments totaling $1.26 million, present cash value $550,000.00.
ATTORNEYS FOR PLAINTIFF:
Eric J. Parker, Susan M. Bourque: PARKER | SCHEER LLP, Boston, Massachusetts
CASE SUMMARY:
On September 3, 1994, two days after the birth of a healthy, African American, baby boy, the defendant, a pediatrician, visited the child’s parents and offered to perform an elective circumcision on the minor. While the mother was initially reluctant, she ultimately was persuaded by the defendant that circumcision was medically advisable. At no time during their discussion did the Defendant ever mention or note any pre-existing condition or anomaly that added additional risk to the circumcision procedure. The Defendant assured the parents that he had successfully performed numerous circumcisions in the past without incident. On September 3, 1994, the Defendant performed an elective neonatal circumcision on the minor, using a Mogen clamp.
During the procedure, the Defendant inadvertently amputated a portion of minor’s glans penis. The Defendant attempted to repair damage by closing a portion of the glans with three 5-0 chromic sutures. As a result, the minor sustained a loss of tissue on his glans penis, measuring five by four millimeters. At no time did the Defendant request or otherwise recommend surgical repair by a pediatric surgeon, which, plaintiff’s expert was prepared to testify, would likely have improved the cosmetic result and reduced the degree of resulting hypospadias.
The case was settled following lengthy negotiations conducted before and following a full day of mediation.
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