Wrongful circumcision: Difference between revisions
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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'': | ||
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== 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]] | |||