Hershel Goldman: Difference between revisions

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Dr. '''{{FULLPAGENAME}}''', {{BSc}}, {{MBBS}}, {{FRACGP}}, is a [[Circumcised doctors| circumcised doctor]], general practitioner, and Jewish ''[[mohel]]'' who practises medicine in Melbourne, {{AUSC|VIC}}, [[Australia]]. 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]]es of two boys while performing [[Brit Milah|ritual circumcisions]] in homes, although he may continue to practise medicine.<ref name="dailymail2024">{{REFnews
Dr. '''{{FULLPAGENAME}}''', {{BSc}}, {{MBBS}}, {{FRACGP}}, is a [[Circumcised doctors| circumcised doctor]], general practitioner, and Jewish ''[[mohel]]'' who practises medicine in Melbourne, {{AUSC|VIC}}, [[Australia]]. Dr. Goldman claims to have [[Brit Milah| 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]]es of two boys while performing [[Brit Milah|ritual circumcisions]] in homes, although he may continue to practise medicine.<ref name="dailymail2024">{{REFnews
  |title=Top circumcision doctor is banned from performing the operations after amputating two little boys' penises, tribunal hears
  |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
  |url=https://www.dailymail.co.uk/news/article-13455661/Circumcision-doctor-Hershel-Goldman-fighting-ban.html
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}}</ref> Dr. Goldman's websites where he promoted unnecessary non-therapeutic [[circumcision]] have suspended operation.
}}</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"/>
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=
|last2=
|init2=
|author2-link=
|publisher=Sydney Herald Sun
|website=
|date=2024-12-13
|season=
|accessdate=2024-12-15
|format=
|quote=
}}</ref>


Dr. Goldman had previously been charged with Medicare fraud regarding non-therapeutic circumcision of boys.
Dr. Goldman had previously been charged with Medicare fraud regarding non-therapeutic circumcision of boys.
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}}</ref>  
}}</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
[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
  |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
  |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
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  |accessdate=2024-05-25
  |accessdate=2024-05-25
}}</ref>
}}</ref>
== Potential civil and criminal liability ==
== Potential civil and criminal liability ==
It is not clear what additional civil and/or criminal penalties Dr. Goldman may face.
It is not clear what additional civil and/or criminal penalties Dr. Goldman may face.
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}}</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>
}}</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 (2000).</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>{{BoyleGJ SvobodaJS PriceCP TurnerJN 2000}}</ref>
 
=== Potential civil liability ===
=== Potential civil liability ===
The guardians of the mutilated boys are likely to seek compensation for their son's injuries.
The guardians of the mutilated boys are likely to seek compensation for their son's injuries.
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* [[David Reimer]]
* [[David Reimer]]
* [[Jean-Marie Huot]]
* [[Jean-Marie Huot]]
* [[Northside Hospital]]
* [[Shane Peterson]]
* [[Australia]]
* [[Australia]]