Litigation over circumcision: Difference between revisions

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Every [[circumcision]] injures the patient by [[amputation]] of the [[foreskin]] which has many valuable protective, immunological, sensory, and sexual functions, however the patient or his surrogate grants consent for this, so when the injury is greater than expected, of an [[Documented severe complications of circumcision| unusual nature]], [[death]] occurs, or the amputation was poorly executed, litigation for damages or even wrongful death may occur.

If the surgical instruments used caused the injury, then the manufacturer may be sued.

If the surgical instruments used caused the injury, then the manufacturer may be sued. [[David J. Llewellyn]] of Atlanta has won millions of dollars in two lawsuits again the manufacturer of the defective [[Mogen| Mogen Clamp]].<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=Tigami

|first=Ty

|init=

|author-link=

|last2=

|init2=

|author2-link=

|publisher=Atlanta Journal-Constitution

|website=

|date=2010-07-19

|accessdate=2021-11-21

|quote=

}}</ref>

==Lack of consent==

Circumcisions have been known to be carried out, usually by error, when informed consent has not been granted. In such cases litigation for [http://www.cirp.org/pages/parents/protection/ wrongful circumcision] may result. A suit may be a personal injury lawsuit or a medical malpractice lawsuit.<ref>{{REFweb

Circumcisions have been known to be carried out, usually by error, when [[informed consent]] has not been granted or is faulty or defective. In such cases litigation for [http://www.cirp.org/pages/parents/protection/ wrongful circumcision] may result.<ref name="llewellyn1995">{{REFjournal

|last=LLewellyn

|init=D

|author-link=David J. Llewellyn

|url=http://www.cirp.org/library/legal/USA/llewellyn/

|title=Legal remedies for penile torts

|journal=The Compleat Mother

|date=1995

|volume=40

|issue=

|pages=16

|accessdate=2021-11-21

}}</ref> A suit may be a personal injury lawsuit or a medical malpractice lawsuit.<ref>{{REFweb

|url=https://www.legalmatch.com/law-library/article/botched-circumcision-and-wrongful-circumcision.html

|title=Messed Up Circumcision Lawyer

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==When parents disagree==

Parents do not always agree about non-therapeutic circumcision of boys. Consent of both parents is required in the [[United Kingdom]],<ref name="bma2019">{{REFdocument

|title=Non-therapeutic male circumcision (NTMC) of children – practical guidance for doctors

|url=https://www.bma.org.uk/media/1847/bma-non-therapeutic-male-circumcision-of-children-guidance-2019.pdf

|contribution=

|last=

|first=

|publisher=British Medical Association

|format=PDF

|date=2019

|accessdate=2021-11-22

}}</ref> but is advisable everywhere. Doctors and ''[[mohel]]s'' who perform circumcisions should obtain written [[informed consent]] from both parents. When parents disagree, litigation between parents regarding a proposed circumcision of an infant son may be brought.

~~When parents disagree~~, ~~litigation between parents regarding~~ a ~~proposed~~ circumcision of ~~an infant son may end up~~ in ~~family court~~.

==Adult lawsuits for child circumcision==

An adult may sue for an injury incurred as a child after reaching the age of majority. Such suits are subject to statutes of limitation which prescribe strict time limits for instituting such suits. The prescription varies by jurisdiction.<ref>{{REFweb

|url=https://www.legalmatch.com/law-library/article/medical-malpractice-statute-of-limitations.html

|archived=

|title=Medical Malpractice Statute of Limitations by State

|trans-title=

|language=

|last=Wishnia

|first=Jaclyn

|author-link=

|publisher=LegalMatch

|website=

|date=2020-10-05

|accessdate=2021-11-21

|format=

|quote=

}}</ref>

For example, [[William Stowell]], as a young adult, brought a suit against the doctor who performed his infant non-therapeutic circumcision and the hospital where the circumcision occurred. The suit resulted in an out-of-court settlement.

==Suits to enforce and protect Constitutional and human rights==

While this will vary from country to country, Non-therapeutic circumcision of male infants violates various constitutional and [[human rights]]. The [[Cologne circumcision court judgment]] (''Köln Oberlandgerict'') found in May 2012 that such non-therapeutic circumcision violates the Bill of Rights of Germany's Basic Law (''Grundgesetz'')<ref>LG Köln, 07.05.2012 - 151 Ns 169/11</ref> Lawsuits brought in other nations presumably would reach a similar conclusion.<ref name="bernaerts2014"> {{REFdocument

|title=The Cologne Judgment: a curiosity or the start sign for condemning circumcision of male children without their consent as a human rights violation?

|url=https://repository.gchumanrights.org/bitstream/handle/20.500.11825/161/Bernaerts_2012%EF%80%A213.pdf

|contribution=

|last=Bernaerts

|first=Jonathan Alfons J

|publisher=European Commission

|format=PDF

|date=2014

|accessdate=2021-11-22

}}</ref>

Such lawsuits are mostly theoretical at this time.

* [[Circumcision is a Fraud]]

* [[Circumcision legal commentary]]

* {{REFweb

|url=http://www.cirp.org/library/legal/

|archived=

|title=Circumcision: Legal issues

|trans-title=

|language=

|last=Hill

|first=George

|author-link=George Hill

|publisher=Circumcision Reference Library

|website=

|date=2013-09-30

|accessdate=2021-11-21

|format=

|quote=

}}

* {{REFweb

|url=https://www.doctorsopposingcircumcision.org/legal/

|title=Legal

|publisher=[[Doctors Opposing Circumcision (D.O.C.)]]

|last=

|first=

|accessdate=2021-11-22

}}

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[[Category:Circumcision]]

[[Category:Litigation over circumcision]]

[[de:Rechtsstreit wegen Beschneidung]]

@@ Line 6: / Line 6: @@
 Every [[circumcision]] injures the patient by [[amputation]] of the [[foreskin]] which has many valuable protective, immunological, sensory, and sexual functions, however the patient or his surrogate grants consent for this, so when the injury is greater than expected, of an [[Documented severe complications of circumcision| unusual nature]], [[death]] occurs, or the amputation was poorly executed, litigation for damages or even wrongful death may occur.
-If the surgical instruments used caused the injury, then the manufacturer may be sued.
+If the surgical instruments used caused the injury, then the manufacturer may be sued. [[David  J. Llewellyn]] of Atlanta has won millions of dollars in two lawsuits again the manufacturer of the defective [[Mogen| Mogen Clamp]].<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=Tigami
+ |first=Ty
+ |init=
+ |author-link=
+ |last2=
+ |init2=
+ |author2-link=
+ |publisher=Atlanta Journal-Constitution
+ |website=
+ |date=2010-07-19
+ |accessdate=2021-11-21
+ |quote=
+}}</ref>
 ==Lack of consent==
-Circumcisions have been known to be carried out, usually by error, when informed consent has not been granted. In such cases litigation for [http://www.cirp.org/pages/parents/protection/ wrongful circumcision] may result. A suit may be a personal injury lawsuit or a medical malpractice lawsuit.<ref>{{REFweb
+Circumcisions have been known to be carried out, usually by error, when [[informed consent]] has not been granted or is faulty or defective. In such cases litigation for [http://www.cirp.org/pages/parents/protection/ wrongful circumcision] may result.<ref name="llewellyn1995">{{REFjournal
+ |last=LLewellyn
+ |init=D
+ |author-link=David J. Llewellyn
+ |url=http://www.cirp.org/library/legal/USA/llewellyn/
+ |title=Legal remedies for penile torts
+ |journal=The Compleat Mother
+ |date=1995
+ |volume=40
+ |issue=
+ |pages=16
+ |accessdate=2021-11-21
+}}</ref> A suit may be a personal injury lawsuit or a medical malpractice lawsuit.<ref>{{REFweb
   |url=https://www.legalmatch.com/law-library/article/botched-circumcision-and-wrongful-circumcision.html
   |title=Messed Up Circumcision Lawyer
@@ Line 18: / Line 45: @@
 ==When parents disagree==
+Parents do not always agree about non-therapeutic circumcision of boys. Consent of both parents is required in the [[United Kingdom]],<ref name="bma2019">{{REFdocument
+ |title=Non-therapeutic male circumcision (NTMC) of children – practical guidance for doctors
+ |url=https://www.bma.org.uk/media/1847/bma-non-therapeutic-male-circumcision-of-children-guidance-2019.pdf
+ |contribution=
+ |last=
+ |first=
+ |publisher=British Medical Association
+ |format=PDF
+ |date=2019
+ |accessdate=2021-11-22
+}}</ref> but is advisable everywhere. Doctors and ''[[mohel]]s'' who perform circumcisions should obtain written [[informed consent]] from both parents. When parents disagree, litigation between parents regarding a proposed circumcision of an infant son may be brought.
-When parents disagree, litigation between parents regarding a proposed circumcision of an infant son may end up in family court.
+==Adult lawsuits for child circumcision==
+An adult may sue for an injury incurred as a child after reaching the age of majority. Such suits are subject to statutes of limitation which prescribe strict time limits for instituting such suits. The prescription varies by jurisdiction.<ref>{{REFweb
+ |url=https://www.legalmatch.com/law-library/article/medical-malpractice-statute-of-limitations.html
+ |archived=
+ |title=Medical Malpractice Statute of Limitations by State
+ |trans-title=
+ |language=
+ |last=Wishnia
+ |first=Jaclyn
+ |author-link=
+ |publisher=LegalMatch
+ |website=
+ |date=2020-10-05
+ |accessdate=2021-11-21
+ |format=
+ |quote=
+}}</ref>
+For example, [[William Stowell]], as a young adult, brought a suit against the doctor who performed his infant non-therapeutic circumcision and the hospital where the circumcision occurred. The suit resulted in an out-of-court settlement.
+==Suits to enforce and protect Constitutional and human rights==
+While this will vary from country to country, Non-therapeutic circumcision of male infants violates various constitutional and [[human rights]]. The [[Cologne circumcision court judgment]] (''Köln Oberlandgerict'') found in May 2012 that such non-therapeutic circumcision violates the Bill of Rights of Germany's Basic Law (''Grundgesetz'')<ref>LG Köln, 07.05.2012 - 151 Ns 169/11</ref> Lawsuits brought in other nations presumably would reach a similar conclusion.<ref name="bernaerts2014"> {{REFdocument
+ |title=The Cologne Judgment: a curiosity or the start sign for condemning circumcision of male children without their consent as a human rights violation?
+ |url=https://repository.gchumanrights.org/bitstream/handle/20.500.11825/161/Bernaerts_2012%EF%80%A213.pdf
+ |contribution=
+ |last=Bernaerts
+ |first=Jonathan Alfons J
+ |publisher=European Commission
+ |format=PDF
+ |date=2014
+ |accessdate=2021-11-22
+}}</ref>
+Such lawsuits are mostly theoretical at this time.
+{{SEEALSO}}
+* [[Circumcision is a Fraud]]
+* [[Circumcision legal commentary]]
+{{LINKS}}
+* {{REFweb
+ |url=http://www.cirp.org/library/legal/
+ |archived=
+ |title=Circumcision: Legal issues
+ |trans-title=
+ |language=
+ |last=Hill
+ |first=George
+ |author-link=George Hill
+ |publisher=Circumcision Reference Library
+ |website=
+ |date=2013-09-30
+ |accessdate=2021-11-21
+ |format=
+ |quote=
+}}
+* {{REFweb
+ |url=https://www.doctorsopposingcircumcision.org/legal/
+ |title=Legal
+ |publisher=[[Doctors Opposing Circumcision (D.O.C.)]]
+ |last=
+ |first=
+ |accessdate=2021-11-22
+}}
 {{REF}}
@@ Line 25: / Line 126: @@
 [[Category:Circumcision]]
 [[Category:Litigation over circumcision]]
+[[de:Rechtsstreit wegen Beschneidung]]