In 2013, a healthy boy was born to proud parents. When the infant was almost three weeks old, he was taken to Riversdale’s Life Cycle Pediatrics for a circumcision. When the parents took the infant in for the procedure, they were certain that they were doing the right thing – after all, approximately two-thirds of all boys in America are circumcised. What should have been a simple procedure turned into a nightmare. The infant’s circumcision was botched and his penis was partially severed. After this happened, the infant was sent home with his parents without any additional care; although an emergency surgical procedure could have made it possible to reattach the severed tissue to the infant’s penis without any long-term complications. Many years later, as the boy approached his fifth birthday, he and his family were awarded $31 million. Initially, the defense for both the nurse-midwife and the doctor who were found liable for the botched procedure claimed that a reward of $1 million would be more than enough for medical expenses and counseling that the boy might need in the future. However, the attorneys representing the boy made it clear that the botched circumcision required an award much higher than the initial $1 million offered. Over the years that the boy has had to live with the outcome of the botched procedure, the boy has faced many emotional and physical issues, such as chronic scabbing, according to his parents. The boy is also expected to suffer long-term trauma due to the deformed penis that was caused by the botched circumcision. At less than five years old, the child has already undergone multiple surgeries just to be able to urinate; there is still uncertainty about whether he will be physically able to have children of his own.

Botched Surgical Procedures are Common

Unfortunately, botched surgical procedures are very common. In regards to circumcision in specific, complications usually occur in 1 of 500 cases. Complications usually include bleeding and infections, for instance. Many factors could contribute to a botched procedure; these factors include the improper use of tools, improper supervision during the procedure, performing the procedure even though the patient is not a candidate for the procedure (in the case of penile anomalies where the procedure should not be performed), improper training to perform the circumcision, the use of defective surgical tools/equipment, negligence during the procedure, and failing to provide the patient with the necessary care after the procedure, for example. Botched circumcisions usually result in the removal of too much skin or trapped/concealed penis, for example. In severe cases, the tip of the penis is cut into or completely severed. Regardless of the specific complications resulting from a botched circumcision, it is very likely that the victim will be left dealing with many difficulties for the rest of his life. Because of the effect that a botched circumcision is likely to have on an infant throughout his childhood and into his adulthood, victims and their parents likely have grounds to pursue legal action.

Understanding Medical Malpractice and Your Right to Take Legal Action

A botched circumcision or any other surgical procedure is a form of medical malpractice. Medical malpractice occurs when medical professionals fail to treat their patients with the required degree of skill, care, and attentiveness necessary to ensure to promote the health of their patients. All medical professionals (nurses, doctors, and other staff members) have a duty of care to their patients. By failing to act appropriately and exercise their duty of care towards their patients, they can put their patients at risk of suffering preventable harm and be found liable of medical malpractice. The different categories of medical malpractice include the following: birth injuries, medical product liability, surgical errors, delayed diagnosis, misdiagnosis, and the failure to treat, for example. The botched circumcision described above falls under the category of surgical error. However, because the hospital staff sent the infant home without ever attempting any emergency treatment (that could have reversed or lessened the harm suffered), the malpractice could also be classified as a failure to treat. Regardless, it is obvious that a party (or multiple parties) who owed the patient a duty of care breached their duty of care and caused an innocent patient to suffer harm. Do you have the right to take legal action after you or your child suffered medical malpractice? The answer is simple; you have the right to take legal action. Your right to pursue a claim after medical malpractice is based on negligence. As mentioned above, medical staff has the duty to exercise care to ensure that they are acting reasonably to promote the health of their patients. When they breach their duty of care, they can cause issues with the medical care their patients receive – directly resulting in harm. When the harm suffered by patients is caused by a breach of duty, the medical staff can be found negligent and patients (and their family members) can take legal action for medical malpractice. If you would like to learn more about your right to sue after suffering medical malpractice, it is important that you seek legal assistance as soon as possible – as you might have grounds to pursue a claim and even recover compensation.

Could You Recover Compensation?

Could you be granted compensation for a botched circumcision or any other botched surgical procedure? In general, the victims affected by medical malpractice could be eligible to recover monetary compensation for the harm that they suffered. The specific type and amount of compensation that you could be eligible to receive will always depend on the details of your claim. Some of the types of compensation available for recover could include the following:

• Medical expenses
• Lost wages
• Pain and suffering
• Punitive damages
• Funeral and burial costs
• Loss of consortium

If you would like to learn more about the specific type and amount of compensation that you might be eligible to recover if your medical malpractice claim reaches a successful outcome, do not hesitate to seek legal assistance as soon as possible. Could you recover $31 million like the boy in the case discussed above? Although there is no guarantee on the specific amount of compensation that you could be eligible to receive, you could be certain that our attorneys will always fight for your right to recover the maximum compensation available for your claim. If you are ready to discuss your medical malpractice claim with our attorneys, do not hesitate to contact us today – we are ready to fight for your right to be compensated.

Statute of Limitations

All personal injury claims are subject to statutes of limitations; medical malpractice claims are no exception. A statute of limitations is a deadline that applies to your claim which determines the specific length of time that you have to file your claim. If you fail to file your claim within the time allowed by the deadline, you could lose your right to sue. The deadlines that apply to personal injury claims vary based on the specific claim that is being pursued. Medical malpractice claims can be subjected to two different deadlines – either one year after the discovery of the injury (the harm caused by the malpractice) or three years from the date of the injury (the malpractice). The deadline that comes first is the one that will apply to your claim. Although the statute of limitations applicable to your claim can establish a strict deadline, there are many factors (specific details of your claim) that could affect the time that you have to pursue your claim. To ensure that you have a thorough understanding of the statute of limitations that applies to your claim, you must always speak with a  lawyer – do not risk your right to sue on missing information regarding the applicable statute of limitations for your claim.