Common Circumcision Complications | Injuries due to a Botched BrisAccording to recent estimates 1.5% to 3% of all circumcisions lead to complications and injuries to the newborn infant. Some of the most prevalent complication due to circumcision medical malpractice are as follows.
- Blood Loss
- Meatal stenosis: the narrowing of the urethral opening
- Irritation and inflammation of the penis
- Bleeding within the urinary tract affecting urination and causing great pain
- Insufficient Skin Removal: Removal or too much of too little foreskin
- Permanent scarring
- Loss of fertility
- Other complications may include: Concealed penis, chordee, cysts, necrosis of the penis
Duties of the Doctor performing a CircumcisionInfant Contraindication: If your son is borne with a contraindication (an anomaly of the penis) then a mohel or medical doctor should not perform a circumcision unless and until he has received the advice of a competent urologist. Consent to perform: Medical physicians who perform circumcision procedures children must make sure that all applicable rules regarding informed consent are established. If consent of the parents is invalid, then a circumcision can be defined as battery under California Common law. Training and certification of Mohels: Mohels are traditionally rabbis and or cantors having received training under the guidance of previous mohels. In modern times mohels are often medical doctors as well as rabbis or just simple medical doctors who have been trained in ritual Jewish prayers. All are required to receive appropriate training both from the religious and medical fields.
Medical Staff Negligence Establishes LiabilityAs mentioned above, a doctor that is performing a circumcision has specific duties. To summarize, doctors have the duty to ensure that it is safe to perform the circumcision on the infant (some penile anomalies could make it dangerous to do so), to get consent from parents to perform the procedure, and to have the appropriate training. In general, all medical staff has a duty of care to exercise caution, skill, and diligence towards their patients to ensure that they are promoting their health – and not subjecting them to harm. Medical professionals have a duty of care towards patients. When they breach their duty of care and make mistakes during surgical procedures, they are creating the risk of their patients suffering significant harm because of their mistakes. When the harm patients suffer is directly caused by a breached duty of care, victims and their families could take legal action against the nurse, doctor, or hospital liable that negligently contributed to the harm suffered. When the elements of negligence (duty of care, breach of duty, cause, and harm) are all present, the parties directly affected by the malpractice could pursue legal action and fight for their right to receive compensation.
The Compensation Available for Victims of Botched ProceduresWithout a doubt, if the harm that your infant suffered due to a botched circumcision is a direct result of negligence, you will have grounds to file a medical malpractice claim; because of this, you might also be eligible to recover monetary compensation for the harm suffered. How much compensation could you recover? What type of compensation could you receive? Depending on the specific details of your claim, you might be eligible to recover some of the following categories of compensation:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages