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. | 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. [[David J. Llewellyn]] of Atlanta has won millions of dollars in two lawsuits again the manufacturer of the defective Mogen Clamp.<ref>{{REFnews | 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 | |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/ | |url=https://www.ajc.com/news/national/atlanta-lawyer-wins-million-lawsuit-for-family-botched-circumcision/P9Jewrh4v1GWStqGyfejiP/ | ||
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==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 | ||
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|date=2019 | |date=2019 | ||
|accessdate=2021-11-22 | |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. | }}</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 lawsuits for child circumcision== | ||
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==Suits to enforce and protect Constitutional and human rights== | ==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. | 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. | Such lawsuits are mostly theoretical at this time. | ||
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|url=https://www.doctorsopposingcircumcision.org/legal/ | |url=https://www.doctorsopposingcircumcision.org/legal/ | ||
|title=Legal | |title=Legal | ||
|publisher=Doctors Opposing Circumcision | |publisher=[[Doctors Opposing Circumcision (D.O.C.)]] | ||
|last= | |last= | ||
|first= | |first= | ||
|accessdate=2021-11-22 | |accessdate=2021-11-22 | ||
}} | }} | ||
{{REF}} | {{REF}} | ||
[[Category:Circumcision]] | [[Category:Circumcision]] | ||
[[Category:Litigation over circumcision]] | [[Category:Litigation over circumcision]] | ||
[[de:Rechtsstreit wegen Beschneidung]] | |||