Litigation over circumcision: Difference between revisions
WikiModEn2 (talk | contribs) Add SEEALSO section. |
added interwiki link |
||
| (13 intermediate revisions by 2 users not shown) | |||
| 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. | 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== | ==Lack of consent== | ||
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 | 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 | |last=LLewellyn | ||
|init=D | |init=D | ||
| Line 30: | Line 45: | ||
==When parents disagree== | ==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. | |||
==Adult lawsuits for child circumcision== | |||
==Adult | |||
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 | 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 | ||
| Line 52: | Line 76: | ||
}}</ref> | }}</ref> | ||
For example, [[William Stowell]] brought a suit against the doctor who performed his circumcision and the hospital where the circumcision occurred. The suit resulted in an out-of-court settlement. | 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}} | {{SEEALSO}} | ||
* [[Circumcision is a Fraud]] | |||
* [[Circumcision legal commentary]] | * [[Circumcision legal commentary]] | ||
{{LINKS}} | {{LINKS}} | ||
| Line 71: | Line 112: | ||
|format= | |format= | ||
|quote= | |quote= | ||
}} | |||
* {{REFweb | |||
|url=https://www.doctorsopposingcircumcision.org/legal/ | |||
|title=Legal | |||
|publisher=[[Doctors Opposing Circumcision (D.O.C.)]] | |||
|last= | |||
|first= | |||
|accessdate=2021-11-22 | |||
}} | }} | ||
| Line 77: | Line 126: | ||
[[Category:Circumcision]] | [[Category:Circumcision]] | ||
[[Category:Litigation over circumcision]] | [[Category:Litigation over circumcision]] | ||
[[de:Rechtsstreit wegen Beschneidung]] | |||