A circumcision is generally considered to be a straightforward procedure, but when it’s performed improperly, the consequences can be devastating for both the affected person and their families.
One study reveals that it’s very difficult to find accurate statistics on poor circumcision outcomes, but estimates that around 117 deaths related to neonatal circumcision occur each year in the United States. [1]
Whether you’re one of the parents dealing with the aftermath of your child’s procedure or a person who has personally suffered from such an event, understanding your legal rights is critical.
Read on to learn how our dedicated attorneys are equipped to assist you in seeking compensation and accountability through botched circumcision lawsuits.
Can You Sue for a Botched Circumcision?
If you or your child has experienced harm from being circumcised, it is possible to sue for medical malpractice. This area of law exists to protect patients when a medical procedure does not meet established standards of care and causes injury.
A successful lawsuit in court can help provide compensation to the plaintiff for medical costs, pain and suffering, and potential future expenses stemming from the complication.
Liability for Cases Involving Circumcision Errors
In cases of circumcision errors, liability extends to various potential parties whose actions or products contributed to the unfortunate outcome. Some of the most common parties our surgical error lawyers can help you pursue include one or more of the following:
- Performing Doctor: The doctor who performed the surgery can be held liable if they failed to exercise the proper standard of care that a reasonably competent doctor would provide under similar circumstances. Examples include improper technique or failure to respond adequately to complications.
- Other Nurses or Support Staff: These surgeries involve support staff such as nurses or surgical assistants, and errors made by these team members can lead to liability. For example, improperly preparing equipment, leading to infection, could be considered negligence.
- Hospital or Medical Facility/Clinic: These entities can be legally responsible based on the doctrine of vicarious liability for their employees’ actions if an institution exhibited negligence. This could include inadequate staffing levels, improper training, or faults in the overall care protocols that contribute to botched circumcisions.
- Medical Device Manufacturers: If a defective surgical instrument or device used during the circumcision is found to have caused injury, the manufacturer of those products might be held liable under product liability law. This might include devices that malfunction or are improperly labeled, leading to incorrect use.
- Pharmaceutical Companies: These companies may be held liable if a complication arises from medications used during or after the circumcision. For instance, if an anesthetic or a topical treatment used in the procedure causes harm due to being poorly labeled or intrinsically unsafe when used as directed, pharmaceutical companies may face legal action for those injuries.
When Does a Botched Circumcision Case Constitute Medical Malpractice?
Cases involving botched circumcisions may constitute medical malpractice when they meet the following criteria:
- Duty of Care: Duty of care refers to a legal obligation that requires individuals—such as a doctor—to adhere to a standard of reasonable care while performing any acts that could potentially cause harm to others. For a doctor and medical staff, this duty encompasses providing the level and quality of care that is generally accepted by the medical community as appropriate for similar circumstances.
- Breach of Standard Care: The injured party must prove that the doctor or other healthcare provider failed to perform the surgery in line with this standard of care.
- Causation: There must be a direct link between the breach of standard care from the doctor or other defendant and the injuries. In other words, it needs to be demonstrated that harm was directly caused by negligence or an error made during the procedure.
- Damages: The patient must have sustained actual harm or injuries as a result of the circumcision. This can include physical damage and emotional trauma, among other types of damages.
The Unique Challenges Associated With Circumcision Cases
Circumcision medical malpractice cases present a complex array of challenges, distinctively blending medical, ethical, and legal considerations. These cases often venture into sensitive territories, such as religious freedoms, highlighting the nuanced balance between observing religious rites and ensuring medical procedures adhere to the highest standards of care.
The requirement for consent from both parents introduces another layer of complexity, particularly in situations where the opinions of parents diverge. This requirement not only impacts the decision-making process but also raises questions about parental rights and the best interests of the child.
Injuries Associated With Circumcision Errors
Surgery errors by a doctor can lead to a range of unfortunate and sometimes severe injuries. Being aware of these potential complications is vital when responding to the aftermath. Here are some of the most common injuries:
- Excessive Bleeding: Bleeding is one of the most common risks, sometimes causing significant blood loss requiring further medical attention.
- Infection: Improper sanitization or aftercare can lead to infections, which may demand additional treatment for the baby and result in more severe health issues if left unchecked.
- Loss of Penis Sensation: In some cases, negligent surgical technique from a physician leads to nerve damage to the penis that affects sensation long-term.
- Improper Healing: Scar tissue from an improperly performed circumcision can lead to improper healing that might require surgical correction.
- Disfigurement or Deformity: A surgical error can result in asymmetries of the penis, excessive removal of skin, or other deformities which often necessitate further surgical interventions and can have psychological impacts on the child for their lifetime.
- Meatal Stenosis: This condition involves the narrowing of the urethral opening due to irritation or infection from a doctor’s negligent behavior, which could lead to urinary problems.
Circumcision Malpractice Settlement Amounts
When it comes to circumcision medical malpractice settlement amounts, there are no standard figures as each case is unique and influenced by a variety of factors.
These factors include the severity of the injuries, the cost of health care (both immediate and future), insurance policy limits, the strength of the evidence, the impact on the victim’s quality of life, and psychological damages, among others.
Here are some examples of circumcision malpractice awards, which illustrate the variability in settlement amounts :
- $1,357,901 Verdict: In this case, a significant surgical error during a newborn circumcision resulted in devastating and permanent damage to the child, leading to the amputation of his penis.
- $190,000 Settlement: This settlement followed a malpractice incident where a day-old infant required partial amputation of the penis due to the doctor’s negligence.
- $495,000 Settlement: A significant settlement was reached in the case of a man in his forties who experienced severe complications after a circumcision surgery, leading to gangrene and disfigurement.
- $327,749 Verdict: This verdict was awarded for a botched circumcision that caused a buried penis syndrome, requiring further surgery and resulting in chronic pain and discomfort for the child.
Damages Our Botched Circumcision Attorneys Can Help You Recover
If you or your son underwent a botched circumcision and there were complications, our attorneys can help you claim a wide range of damages to account for the losses and suffering experienced by your family. Here’s what we can typically recover:
- Economic Damages: These encompass the tangible, out-of-pocket costs related directly to the malpractice such as hospital bills for corrective surgeries or ongoing treatments and potential loss of earnings due to long-term impairment affecting job prospects in the future.
- Non-Economic Damages: This category covers the intangible losses that do not have a specific dollar value but significantly impact one’s life. Pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement are examples.
- Punitive Damages: These are less common but can be sought in cases where the physician or other defendant exhibited conduct that was especially egregious or reckless. Punitive damages are meant to punish the defendant and deter similar future misconduct.
What to Do After a Botched Circumcision
If you suspect a circumcision procedure was improperly performed, taking immediate steps is crucial for protecting the rights and welfare of you or your son. Here’s what you should do:
- Seek Immediate Medical Attention: Your first step should be to seek immediate care from a qualified doctor to address any medical issues.
- Document Everything: Keep detailed records of all healthcare visits, treatments received, and any communications with doctors regarding the circumcision.
- Gather Witness Statements: If possible, collect statements from anyone who was present during the procedure or who can provide insight into the aftermath. This could include family members, doctors, other healthcare workers, or other caregivers.
- Research Your Rights: Familiarize yourself with your legal rights and the statute of limitations for a medical malpractice lawsuit in your state. Understanding these will help you and your son navigate the legal process.
- Consult with a Lawyer: Finally, it’s crucial to consult with an experienced medical malpractice lawyer who specializes in failed circumcision cases. Hiring a lawyer from our team can provide you with the expertise and support you need to build a strong case.
You Have Limited Time to File a Circumcision Malpractice Claim
According to Illinois law, you have two years from when you knew or reasonably should have known that your case involved negligence. However, when a patient under 18 is the victim of malpractice by a medical provider, they have eight years from the date of the injury, but a lawsuit can never be brought after the age of 22.
If you need help determining the deadline and handling a negligence suit, contact our Chicago medical malpractice attorneys.
Contact a Botched Circumcision Lawyer Today!
If your child or you have suffered from botched circumcisions, you deserve to seek justice and compensation for the distress and harm caused. Qualified legal representation is critical in navigating this complex area of medical malpractice law.
Contact Rosenfeld Injury Lawyers today to discuss your claim with compassionate professionals who are ready to advocate for you every step of the way.
There is absolutely no obligation that comes along with the free consultation. You can reach out online or call us at (888) 424-5757.
Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
Rosenfeld Injury Lawyers
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Buffalo Grove, Decatur, Schaumburg, Rockford  and throughout Illinois.
Resources: [1] Berghahn Journals