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Litigation over circumcision

488 bytes added, 14:45, 25 August 2022
m
wikify Informed consent
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| Mogen Clamp]].<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/
==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
|last=LLewellyn
|init=D
|date=2019
|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.
==Adult suits lawsuits for child circumcision==
An adult may sue for an injury incurred as a child after reaching the age of majority. Such suits are subject to statutes of limitation which prescribe strict time limits for instituting such suits. The prescription varies by jurisdiction.<ref>{{REFweb
For example, [[William Stowell]], as a young adult, brought a suit against the doctor who performed his infant non-therapeutic circumcision and the hospital where the circumcision occurred. The suit resulted in an out-of-court settlement.
 
==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.<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.
|url=https://www.doctorsopposingcircumcision.org/legal/
|title=Legal
|publisher=[[Doctors Opposing Circumcision(D.O.C.)]]
|last=
|first=
administrator, administrators, Bureaucrats, Interface administrators, Administrators
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