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It is not clear what === Potential civil andliability ===The guardians of the mutilated boys are likely to seek compensation for their son's injuries. In a previous case, a Perth man received $360,000 in money damages from a doctor who mutilated his [[penis]].<ref>{{REFnews |title=Press Release Regarding Shane Peterson’s Victory in Australian Circumcision Case |url=https://www.arclaw.org/press-releases/press-release-regarding-shane-petersons-victory-in-australian-circumcision-case |last=Huggins |first=Allan |init= |author-link= |last2= |init2= |author2-link= |publisher= |website=https://or criminal penalties Drwww.arclaw. Goldman may faceorg |date=2000-01-01 |accessdate=2024-05-28 |format= |quote=}}</ref> In an American case in 2010, a court awarded $10.8 million in damages after an infant lost the [[Glans penis| head]] of his [[penis]].<ref>{{REFnews |title=Atlanta lawyer wins $11 million lawsuit for family in botched circumcision |url=https://www.ajc.com/news/national/atlanta-lawyer-wins-million-lawsuit-for-family-botched-circumcision/P9Jewrh4v1GWStqGyfejiP/ |last=Tagami |first=Ty |init= |author-link= |publisher=Atlanta Journl-Constitution |website=https://www.ajc.com/ |date=2010-07-10 |accessdate=2024-05-28 |format= |quote=}}</ref>
→Male circumcision
Dr. '''{{FULLPAGENAME}}''', B.Sc.{{BSc}}, {{MBBS}}, {{FRACGP}}, is a [[Circumcised doctors| circumcised doctor]], general practitioner, and Jewish ''[[mohel]]'' who practises medicine in Melbourne, Victoria{{AUSC|VIC}}, [[Australia]]. Dr. Goldman claims to have ritually circumcised more than 5,000 boys since he qualified as a ''mohel'' in the mid-1980s.<ref>{{REFnews |title=Why this GP trained to become a ritual circumciser |url=https://www.ausdoc.com.au/news/why-gp-trained-become-ritual-circumciser/ |last=O'Rourke |first=Geir |publisher=Australian Doctor |website= |date=2020-10-29 |accessdate=2024-05-30 |format= |quote=There has been a long and heated debate over whether infant ritual circumcision has any place in modern society — let alone government funding through Medicare. There is the issue of consent, for one.}}</ref>== Penis amputation ==The ''Daily Mail'' reports that the [https://www.medicalboard.gov.au Medical Board of Australia] has banned him from performing [[circumcision]] after he amputated the [[penis| penises]] es of two boys while performing [[Brit Milah|ritual circumcisions ]] in homes, although he may continue to practise medicine.<refname="dailymail2024">{{REFnews
|title=Top circumcision doctor is banned from performing the operations after amputating two little boys' penises, tribunal hears
|url=https://www.dailymail.co.uk/news/article-13455661/Circumcision-doctor-Hershel-Goldman-fighting-ban.html
|last=Lackey
|first=Brett
|init=B
|author-link=
|publisher=Daily Mail
|date=2024-05-24
|accessdate=2024-05-25
}}</ref> Dr. Goldman's websites where he promoted unnecessary non-therapeutic [[circumcision]] have suspended operation.
Dr. Goldman has filed an appeal with the [https://www.vcat.vic.gov.au/ Victorian Civil and Administrative Tribunal (VCAT)], where a hearing was held on Thursday, 23 May 2024.<ref name="dailymail2024"/> The VCAT, however, has rejected his request to overturn the decision of the Medical Board of Australia that prohibits him from performing circumcision.<ref>{{REFnews
|title=GP accused of amputating baby’s penis in ritual circumcision fails to overturn emergency ban
|url=https://www.ausdoc.com.au/news/gp-accused-of-amputating-babys-penis-in-ritual-circumcision-fails-to-overturn-emergency-ban/
|last=Saxena
|first=Heather
|init=
|author-link=
|publisher=Australian Doctor
|website=
|date=2014-06-13
|accessdate=2014-06-15
|format=
|quote=
}}</ref> <ref>{{REFnews
|title=Circumcision doctor banned after ‘full amputation’ of boy’s penis
|url=
|last=
|first=
|init=
|author-link=
|init2=
|author2-link=
|publisher=Daily MailSydney Herald Sun
|website=
|date=2024-0512-2413 |season= |accessdate=2024-0512-2515
|format=
|quote=
}}</ref>
Dr. Goldman had previously been charged with Medicare fraud regarding non-therapeutic circumcision of boys.
== Male circumcision ==
Many Jews believe that the ritual of [[Brit Milah]] is required by the so-called [[Abrahamic covenant]], which has been the most sacred ritual of [[Judaism]], although it is increasingly being questioned.<ref>http://www.amazon.com/Questioning-Circumcision-Perspective-Ronald-Goldman/dp/0964489562/</ref> Reports from [[Israel]] indicate that many Jewish parents are not having their sons [[circumcised]].<ref name="haretz2012">{{REFweb
|url=https://www.haaretz.com/2012-06-14/ty-article/even-in-israel-more-and-more-parents-choose-not-to-circumcise/0000017f-f77f-ddde-abff-ff7f1fb70000
}}</ref>
[https://www.amawa.com.au/news/mark-duncan-smith-elected-as-new-president-of-ama-wa/ Dr Mark Duncan-Smith], the president of the AMA (WA), issued a warning to parents on 10 December 2021 regarding non-therapeutic child [[circumcision]]. Dr. Duncan-Smith said parents should only "follow through with the procedure if there is a valid medical reason." According to Dr Duncan-Smith , only about ten percent of boys in Western Australia are now being [[circumcised]].<ref>{{REFnews
|url=https://www.dailymail.co.uk/news/article-10293843/Circumcision-warning-two-year-old-dies-brother-bleeds-Western-Australia.html
|title=Parents are warned against circumcising their children after a toddler, 2, died 'of a reaction to anaesthetic' and his baby brother almost bled out
|accessdate=2024-05-25
}}</ref>
== Potential civil and criminal liability ==
It is not clear what additional civil and/or criminal penalties Dr. Goldman may face.
=== Potential criminal liability ===
[[Davis Richards]] (1996) quoted Marion's case, which said:
<blockquote>
Ritual male circumcision is non-therapeutic and is not warranted or justified by medical evidence. This form of mutilation should not be legally distinguished from female circumcision which is a form of female genital mutilation presently in the process of being prohibited throughout Australia and the Western world. As ritual male circumcision is non-therapeutic, may be against public policy, and clearly is not in the best interests of the child, a parent's consent may be vitiated, leaving persons involved in the procedure liable in negligence, notwithstanding parental religious beliefs. Alternatively, if a medical practitioner fails to give the parent reasonable information on the risks of and alternatives to ritual circumcision, the practitioner may also be liable in negligence.<ref>David Richards. [https://www.cirp.org/library/legal/richards/ Male Circumcision: Medical or Ritual?] 3 J Law Medicine 371 (1996).</ref>
</blockquote>
[[J. Neville Turner]], Professor of Law at Melbourne's [https://www.monash.edu/ Monash University] and president of [https://www.ozchild.org.au/ Oz Child], has argued that "circumcised boys may sue."<ref name="turner1996">{{REFjournal
|last=Turner
|pages=1-2
|accessdate=2024-05-25
}}</ref> Professor Turner cited Marion's case, the 1992 [https://www.hcourt.gov.au/ High Court of Australia ] case regarding parental consent.<ref>[https://www.globalhealthrights.org/wp-content/uploads/2013/02/HC-1992-Marions-Case.pdf Department of Health & Community Services v JWB & SMB] (“Marion’s Case”) (1992) 175 CLR 218; [1992] HCA 15</ref>
Boyle et al. (2000) suggested that [[circumcision]] of incompetent minors may constitute criminal assault. They also suggested that civil liability may apply and cited cases in which damages were obtained for circumcision.<ref>Gregory J Boyle, J Steven Svoboda, Christopher P Price, J Neville Turner. [https://www.cirp.org/library/legal/boyle1/ Circumcision of Healthy Boys: Criminal Assault?] 7 J Law Med 301 ({{BoyleGJ SvobodaJS PriceCP TurnerJN 2000).}}</ref>
{{SEEALSO}}
* [[Complete penile amputation]]
* [[David Reimer]]
* [[Jean-Marie Huot]]
* [[Shane Peterson]]
* [[Australia]]
{{ABBR}}
{{REF}}
{{DEFAULTSORT:Goldman, Hershel}}
[[Category:Person]]
[[Category:Male]]
[[Category:Jewish]]