Wrongful circumcision: Difference between revisions
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Any person who grants consent for circumcision must be of sound mind at the time that consent was granted or the consent may be invalidated. | Any person who grants consent for circumcision must be of sound mind at the time that consent was granted or the consent may be invalidated. A person granting consent cannot, for instance, be impaired by therapeutic drugs. | ||
Parents are frequently asked to serve as surrogates for their minor children. A surrogate has limited powers of consent. The surrogate must not exceed the limited powers granted. Surrogates are generally limited to the granting of consent for diagnosis and treatment of disease.<ref name="aap1995">{{REFjournal | Parents are frequently asked to serve as surrogates for their minor children. A surrogate has limited powers of consent. The surrogate must not exceed the limited powers granted. Surrogates are generally limited to the granting of consent for diagnosis and treatment of a proven, disease condition.<ref name="aap1995">{{REFjournal | ||
|last=Bioethics Committee, American Academy of Pediatrics. | |last=Bioethics Committee, American Academy of Pediatrics. | ||
|first= | |first= | ||
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|doi=10.1542/peds.2016-1484 | |doi=10.1542/peds.2016-1484 | ||
|accessdate=2024-07-09 | |accessdate=2024-07-09 | ||
}}</ref> An infant circumcision neither diagnoses nor treats disease because no disease exists, so a surrogate consent for | }}</ref> An infant circumcision neither diagnoses nor treats disease because no disease exists, so a [[surrogate consent]] for [[circumcision of the newborn]] may be invalid. | ||
== Common law background == | == Common law background == | ||
Blackstone (1765) stated in his Commentaries on the Laws of England: | Blackstone (1765) stated in his ''Commentaries on the Laws of England'': | ||
<blockquote> | <blockquote> | ||
I. The right of personal security consists in a person's legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation.<ref>William Blackstone. [https://www.gutenberg.org/files/30802/30802-h/30802-h.htm#Chapter_the_first Commentaries on the Laws of England, Book One, Chapter One].</ref> | I. The right of personal security consists in a person's legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation.<ref>William Blackstone. [https://www.gutenberg.org/files/30802/30802-h/30802-h.htm#Chapter_the_first Commentaries on the Laws of England, Book One, Chapter One].</ref> | ||
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The [[foreskin]] is the primary erogenous functional part of the [[penis]]. The functions are classified as <b>protective functions</b> that provide physical protection, <b>immunological functions</b> that provide protection from disease, <b>sensory functions</b> that provide stimulation, and <b>sexual functions</b> that aid sexual intercourse. The excision and [[amputation]] of the foreskin by wrongful circumcision irreversibly destroys these functions. subjects the patient to severe [[pain]], and produces significant psychic and physical [[trauma]]. | The [[foreskin]] is the primary erogenous functional part of the [[penis]]. The functions are classified as <b>protective functions</b> that provide physical protection, <b>immunological functions</b> that provide protection from disease, <b>sensory functions</b> that provide stimulation, and <b>sexual functions</b> that aid sexual intercourse. The excision and [[amputation]] of the foreskin by wrongful circumcision irreversibly destroys these functions. subjects the patient to severe [[pain]], and produces significant psychic and physical [[trauma]]. | ||
Sir James Munby, a prominent British family court judge, said that male circumcision produces "significant harm".<ref>{{REFdocument | |||
|title=Re B and G (Children) (No 2) [2015] EWFC 3, [2015] | |||
|url=https://www.judiciary.uk/wp-content/uploads/2015/01/BandG_2_.pdf | |||
|contribution= | |||
|last=Munby | |||
|first=James | |||
|publisher=Royal Courts of Justice | |||
|format=PDF | |||
|date=2015-01-14 | |||
|accessdate=2024-07-11 | |||
}}</ref> | |||
Money damages may be awarded by a court for the permanent loss of function and injuries caused by wrongful circumcision. | Money damages may be awarded by a court for the permanent loss of function and injuries caused by wrongful circumcision. | ||
== Lawsuits == | == Lawsuits == | ||
A lawsuit may be filed by parents or other guardians on behalf of an injured boy or, in the alternative, the injured boy may initiate litigation after he reaches majority status at age 18. All states have a prescribed time limit in which suits must be filed. That prescription varies from one to three years depending on the state, so the plaintiff must file his suit promptly after reaching age 18. | A lawsuit may be filed by parents or other guardians on behalf of an injured boy or, in the alternative, the injured boy may initiate litigation after he reaches majority status at age 18. All states have a prescribed time limit in which suits must be filed. That prescription varies from one to three years depending on the state, so the plaintiff must file his suit promptly after reaching age 18. Battery is the proper complaint for wrongful circumcision. | ||
[[William Stowell]] is an outstanding example of a young man who was wrongfully circumcised and brought a suit upon reaching the age of majority. He sued his circumciser for battery and obtained an out-of-court settlement. | [[William Stowell]] is an outstanding example of a young man who was wrongfully circumcised and brought a suit upon reaching the age of majority. He sued his circumciser for battery and obtained an out-of-court settlement. | ||
Damage rewards for wrongful circumcision have increased. One ''may'' receive a very substantial damage award for a wrongful circumcision. | |||
== Video == | == Video == | ||
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{{SEEALSO}} | {{SEEALSO}} | ||
* [[Circumcision - Your Legal Rights]] | * [[Circumcision - Your Legal Rights]] | ||
* [[Protection of intact newborns in hospital]] | |||
* [[United States of America]] | * [[United States of America]] | ||
{{LINKS}} | {{LINKS}} | ||
* {{REFweb | |||
|url=https://www.cirp.org/pages/parents/protection/ | |||
|title=Protection of Infant Boys from Wrongful Circumcision in American Hospitals | |||
|last=Hill | |||
|first= | |||
|init=G | |||
|author-link=George Hill | |||
|publisher=Circumcision Information Pages | |||
|date=2002 | |||
|accessdate=2024-07-14 | |||
}} | |||
* {{REFweb | * {{REFweb | ||
|url=http://www.savingsons.org/2010/09/wrongful-circumcision-of-baby-mario.html | |url=http://www.savingsons.org/2010/09/wrongful-circumcision-of-baby-mario.html | ||
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|date=2010-09-13 | |date=2010-09-13 | ||
|accessdate=2024-07-10 | |accessdate=2024-07-10 | ||
}} | |||
* {{REFweb | |||
|url=https://intactamerica.org/can-you-sue-for-circumcision/ | |||
|title=Can You Sue for Circumcision? | |||
|last=Alissa | |||
|first= | |||
|init=K | |||
|author-link=Kristel Alissa | |||
|publisher=Intact America | |||
|date=2025-07-03 | |||
|accessdate=2025-07-11 | |||
}} | }} | ||
{{REF}} | {{REF}} | ||
[[Category:Jurisprudence]] | |||
[[Category:Law: USA]] | [[Category:Law: USA]] | ||
[[Category:Lawsuit]] | [[Category:Lawsuit]] | ||
[[Category:Litigation]] | |||
[[Category:Litigation over circumcision]] | |||
[[Category:Male circumcision]] | [[Category:Male circumcision]] | ||
[[Category:USA]] | [[Category:USA]] | ||
[[de:Unrechtmäßige Beschneidung]] | |||