Wrongful circumcision
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Wrongful circumcision occurs when a circumcision is performed in the absence of a valid consent granted by a person authorized to grant consent for the amputation and destruction of functional tissue.[1]
It is not sufficient simply to sign a document. All such grants of consent must meet the standards established by the doctrine of informed consent.[2]
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.
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.[3] [4] An infant circumcision neither diagnoses nor treats disease because no disease exists, so a surrogate consent for infant circumcision may be invalid.
See also
References
- ↑
Llewellyn DJ. Legal Remedies for Penile Torts. The Compleat Mother. 1995 (Winter); 40: 2-16. Retrieved 9 July 2024.
- ↑
Peeler T (29 September 2023). My Son Underwent a Wrongful Circumcision. Do I Have a Claim?
, LegalMatch. Retrieved 9 July 2024. - ↑ Bioethics Committee, American Academy of Pediatrics.. Informed consent, parental permission, and assent in pediatric practice. Pediatrics. February 1995; 95(2): 314-7. PMID. Retrieved 9 July 2024.
Quote:Such providers have legal and ethical duties to their child patients to render competent medical care based on what the patient needs, not what someone else expresses.
- ↑ Committee on Bioethics. Informed Consent in Decision-Making in Pediatric Practice. Pediatrics. August 2016; 138(2): e20161484.. PMID. DOI. Retrieved 9 July 2024.
Quote:Continuing limits on the widespread use of pediatric assent/refusal makes this review and restatement of AAP policy important.
