Botched Circumcision and Wrongful Circumcision

LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law

Circumcisions are often performed on male children not because of any medical reason, but instead because of social norms in America. In many other countries male circumcision is not the norm and is considered an unnecessary treatment. In America the procedure is fairly routine and has a low complication rate, but unfortunately injuries still do occur. If your family is considering circumcising your child please educate yourself on the risks and benefits of the procedure before making your decision.

My son was injured during a botched circumcision; do I have a case?

Depending on the nature and circumstances of the injury, you may have a case. These sorts of have been tried as medical malpractice or as personal injury lawsuits. You could elect to file suit against the doctor, hospital or practitioner who performed the procedure or you could choose to sue the company that manufactures the equipment used to perform the procedure.

 

Children who have undergone botched circumcisions could need continued medical treatment including cosmetic surgery and psychological therapy due to their injury. These costs would be considered in the calculation of damages.

My son underwent a wrongful circumcision; do I have a case?

A wrongful circumcision is one performed without valid and informed consent. Since most circumcisions are performed on newborns, the child is unable to legally consent to anything himself and instead, his guardians make the decision for him.

 

If the procedure was not done for medical reasons, then it is an elective procedure and there could be a case.  Depending upon your jurisdiction's laws and the circumstances of your case, it could be found that the procedure was done without valid and informed consent thus rendering it an illegal procedure.

What is valid and informed consent?

Different jurisdictions may use different terminology, but in general this means that the person giving consent has the right to do so, that they were informed of both the benefits and risks of the procedure and that they were not coerced into making a certain decision.

Is there a time limited when you can sue for a botched or wrongful circumcision?

If your child is still a minor then the statute of limitations has not started to run for them. However, once they reach the age of majority (usually 18) then that clock will start running.

Do I need a Lawyer?

Personal injury and medical malpractice fields can be very difficult to navigate without professional help. Please contact an attorney to discuss your case.

 

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