Common Questions Regarding Recovery for Botched Circumcision ClaimsCircumcisions are performed predominately on infants and can at times cause serious injuries. When such injuries occur there are a number of factors that need to be considered. Such factors include consent to perform the circumcision, care provided after the operation, or improper supervision when required. Unfortunately, botched circumcisions are far too common; infants victimized by botched circumcisions often grow into adults that are severely affected by the incident.
Who is Liable for my Child’s Circumcision Malpractice?Liability for your infant’s botched circumcision depends on the specific details of the incident. An injured party can assert liability in many different ways. A claim for circumcision malpractice is possible where the treating physician acted negligently or was improperly supervised. In cases where the operating physician was a medical student, liability can be extended if the student was not properly instructed and or supervised. It is important to remember that your child (or you) was owed a duty of care. All medical professionals have the duty to use skill and diligence when treating their patients. When doctors are reckless and careless during a procedure leading to a botched circumcision, they could be liable. When nurses or medical students are allowed to perform the procedures without the proper qualifications, they could be liable (as well as the party who allowed them to perform the procedure). Hospitals and medical centers could be vicariously liable for the actions of their staff.
Can I sue Circumcision device manufacturers for Product Defect: Product Liability Laws?Liability can also be found when the circumcision device failed to work properly. These types of cases fall outside the scope of regular malpractice. Rather they fall within the category of product defect type cases. In such instances a products liability claim is possible when the product or circumcision device failed to work in the manner intended. To be able to pursue a successful product liability claim for a botched circumcision, a defect must exist in the product’s design, labeling (instructions, for instance), or manufacturing. If a defect is present, the injured parties could pursue a product liability claim against the company that made the defective product available for use. All companies have a duty of care to ensure that their products are completely safe to be used as intended. Companies must thoroughly inspect and test their products to identify and address any hazards that could harm innocent parties.
What happens is the practicing medical Doctor at a hospital failed to obtain consent from parents before the circumcision?Failure to obtain informed consent can also hold the physician or hospital liable. When the treating physician without proper authorization or consent performs a circumcision, they may be liable. It is required the informed consent be given by the parents of the child before performing the procedure. Other types of liability can exist when the physician goes beyond the scope of the procedure. In such instances liability will attach.
How do courts establish liability in a circumcision injury claim?When the treating physician improperly conducts the circumcision liability will be extended. In cases where the physician acted either in an improper or un-qualified manner a case for malpractice is likely. In such circumstances it is necessary to show that the physicians actions deviated from the standard of care in his/her industry. If it is shown that the standard of care delivered was below standard then liability would be extended – and he or she would be held liable.
Who is liable for the Improper Use of Gomko Clamp Circumcision Equipment or Device?If the physician was found to have negligently used the circumcision device then a finding for liability is possible. In cases where the injuries occurred because of the improper use of such device then liability for improper use is possible. Operating physicians using the Gomko clamp have been found liable when they improperly used the device resulting in injury to the child. Other improper uses include burning from the use of electrosurgical devices and other circumcision techniques and devices.
Can Doctors be held liable for other techniques used in a botched circumcision?Other cases have found liability when the techniques used by the physician were modified causing serious injuries. In such instances the use of the device caused lacerations, which resulted in infections. When the device or equipment is improperly used the hospital and physician must be held liable for the injuries suffered.
What is my child’s case worth? Assessing the value of a botched circumcision injury claimWhen liability is found courts will award damages. When considering a claim for damages it is important to understand not only the present costs and mental anguish, but the future issues as well. Circumcision type cases are unique in that they require serious consideration for the pain and suffering and future harm. Courts have awarded damages for what is considered “locker room” situations. While it is difficult to place a value for the mental anguish it is important that your attorney understand that such claims must be asserted.
Who to contact if your child has been injured due to a botched circumcisionOur circumcisions attorneys in Los Angeles are qualified to help you best determine the value of your claim. We have the resources; experts and qualifications needed to help you better understand the value of your claim and to procure maximum recovery. Contact us today for a free consultation at no cost to you. We will evaluate and determine whether there is a possible claim. If you currently have representation give us call Downtown LA Law for a second opinion.
How long do I have to sue for a Circumcision disfigurement and injury claim? Circumcision Medical Malpractice Statute of LimitationsAll claims are subject to a statute of limitations – or a deadline to sue. Statute of limitations can be different on every case. When dealing with circumcision cases, you are generally dealing with minors. Unlike adults statute of limitations for filing a suit with minors is different. Typically, injury claims are subject to a two-year statute of limitations; however, exceptions apply – specifically to claims involving minors. Generally the statute of limitations does not start against minors until they reach the age of majority, 18. Although parents could pursue claims on behalf of their children, the victims could pursue claims independently after turning 18. As mentioned, the statute of limitations will not start running until after the victim is 18. After that, the normal statute of limitations will apply. If claimants fail to file their claims within the appropriate statute of limitations, they could lose their right to sue.
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