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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]]. 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
Dr. '''{{FULLPAGENAME}}''', B.Sc., MBBS, FRACGP, is a [[Circumcised doctors| circumcised doctor]], general practitioner, and Jewish ''[[mohel]]'' who practises medicine in Melbourne, Victoria, [[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| penises]] of two boys while performing ritual circumcisions in homes.<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
  |last=Lackey
  |last=Lackey
  |first=Brett
  |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=
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  |author-link=
  |author-link=
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  |author2-link=
  |publisher=Daily Mail
  |publisher=Sydney Herald Sun
  |website=
  |website=
  |date=2024-05-24
  |date=2024-12-13
   
  |season=
  |accessdate=2024-05-25
  |accessdate=2024-12-15
  |format=
  |format=
  |quote=
  |quote=
}}</ref>
}}</ref>


Many Jews believe that the ritual of [[Brit Milah]] is required by the so-called [[Abrahamic covenant]], which is 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>
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
|title=Even in Israel, more and more parents choose not to circumcise their sons
|last=Ahutuv
|first=Netta
|init=
|publisher=Haaretz
|date=2012-06-14
|accessdate=2024-05-25
}}</ref> <ref name="reuters2012">{{REFnews
|title=In Israel, some rebel against circumcision
|url=https://www.reuters.com/article/idUSBRE8AR0M8/
|last=Lubell
|first=Maayan
|author-link=
|publisher=Reuters
|website=
|date=2012-11-28
|accessdate=2024-05-25
|quote="It's such a taboo in Israel and in Judaism,"
}}</ref>


Non-therapeutic "cosmetic" circumcision has long been banned at public hospitals in [[Australia]].<ref>{{REFjournal
Non-therapeutic "cosmetic" circumcision has long been banned at public hospitals in [[Australia]].<ref>{{REFjournal
Line 38: Line 98:
}}</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
Line 48: Line 108:
  |accessdate=2024-05-25
  |accessdate=2024-05-25
}}</ref>
}}</ref>
== Potential civil and criminal liability ==
== Potential civil and criminal liability ==
[[J. Neville Turner]], Professor of Law at Melbourne's Monash University and president of Oz Child, has argued that "circumcised boys may sue."<ref name="turner1996">{{REFjournal
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>
"[W]here there is a doubt about the therapeutic character of a proposed procedure, those who would be involved in the procedure may be at risk if they act merely upon a purported authorisation given by the parent or other guardian."<ref>Secretary, Department of Health and Community Services v JWB and SMB (1992) 175 CLR 218 at 275.</ref>
</blockquote>
Richards concluded:
<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
  |last=Turner
  |init=N
  |init=N
  |author-link=
  |author-link=
  |url=
  |url=https://www.noharmm.org/boysmaysue.htm
  |title=Circumcised boys may sue
  |title=Circumcised boys may sue
  |journal=The Health Law Update (Australia)
  |journal=The Health Law Update (Australia)
Line 61: Line 133:
  |pages=1-2
  |pages=1-2
  |accessdate=2024-05-25
  |accessdate=2024-05-25
}}</ref> Professor Turner cited Marion's case, the 1992 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>


It is not clear what penalties Dr. Goldman may face.
=== Potential civil liability ===
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://www.arclaw.org
|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>


{{SEEALSO}}
{{SEEALSO}}
* [[Complete penile amputation]]
* [[David Reimer]]
* [[Jean-Marie Huot]]
* [[Jean-Marie Huot]]
* [[Northside Hospital]]
* [[Shane Peterson]]
* [[Australia]]


{{ABBR}}
{{REF}}
{{REF}}


{{DEFAULTSORT:Goldman, Hershel}}


[[Category:Person]]
[[Category:Male]]


[[Category:Jewish]]
[[Category:Jewish]]
[[Category:Judaism]]
[[Category:Judaism]]
[[Category:Male genital mutilation]]
[[Category:Mohel]]
[[Category:Mohel]]
[[Category:Perpetrator]]
[[Category:Physician]]
[[Category:Physician]]


[[Category:Australia]]
[[Category:Australia]]
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