QUESTION
What can I do if my son's pediatrician messed up on his circumcision?
Asked on Mar 18th, 2013 on Personal Injury - Florida
More details to this question:
My sons pediatrician performed a circumcision on him March. 2nd (the day after he was born). On Friday March 15, I had another Doctor at the same office look at his penis, and she told me the Doctor did not do the surgery right. She said he did not remove enough skin, therefore he has to see a pediatric urologist to hopefully have it redone. My friend also had the same problem happen to her son (by the same Doctor!!!!), the urologist had told her that he could fix it, but the risks outweighed the benefits. She decided to not do the surgery, and now he suffers from constant yeast infections. My question to you, is, can I sue his Doctor for messing up this surgery. If it can be fixed without any complications or risks, then I won’t be looking to sue. But my concern is that his penis is not going to look normal or there will be more risks than benefits. If this is the case (that it’s not able to be redone without complications), can I sue the Doctor? My son is going to have to live with this for the rest of his life, if he has a permanently deformed penis, or lives with constant infections, I’ll never be able to forgive myself for not getting it resolved the proper way.
10 ANSWERS
Yes, you could sue the Doctor if you can find an expert who will testify that your Doctor?s actions did not live up to the standards in the community.
Answered on Apr 04th, 2013 at 9:39 PM
Ronald A. Steinberg
You take the kid to some competent doctor to fix the problem. Getting the kid a few dollars will NOT compensate him for the life-long humiliation that he will suffer. Get it fixed. Now, after that is done, it becomes a business decision as to whether or not the case is large enough to pursue.
Answered on Mar 21st, 2013 at 7:40 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The question of whether you have a viable medical malpractice claim is much to complicated to properly evaluate in a Q&A forum like this. You need to consult a medical malpractice attorney. Some general considerations are: To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. Some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case.
Answered on Mar 19th, 2013 at 8:21 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can sue anybody/ proving the case is always the problem. You must have a second doctor review the medical chart and say whether this is a case of malpractice, and if so, if the doctor will testify for you, you have the start of a case.
Answered on Mar 19th, 2013 at 1:40 PM
Workers Compensation Attorney serving Oakland, CA
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Farber & Foote, LLP
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Yes. You should be able to seek damages for this. I would talk to a good personal injury or med mal attorney in your area.
Answered on Mar 19th, 2013 at 1:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney with medical records and the opinion of the other doctors that the circumcision was not properly performed. It would seem, given the very short period of time since the original procedure that it could hopefully be corrected now with the least trauma and damage.
Answered on Mar 19th, 2013 at 1:39 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough. You will need to get copies of your son's medical records and have a doctor review them; if the doctor is willing to testify that the pediatrician failed to conform to accepted practice, then you have a case. These cases are difficult and expensive to prove and they do not settle out of court. But, if it does turn out there is a permanent deformity, then yes, it should be pursued.
Answered on Mar 19th, 2013 at 1:39 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You can sue the doctor only if you (or a lawyer) can get a verified medical opinion from another "similar health care provider" attesting to the doctor's negligence.
Answered on Mar 19th, 2013 at 1:38 PM
You will need the records evaluated by the proper specialist to determine whether there was malpractice. I suggest you contact an experienced medical malpractice attorney immediately.
Answered on Mar 19th, 2013 at 1:38 PM
James Eugene Hasser
The question is what are the damages? You really don't know yet because you don't have enough information to know whether the condition can be fixed or if there will be long term affects. Go see the pediatric urologist as the other Dr. suggested. Then you will be in a better position to make an informed decision.
Answered on Mar 19th, 2013 at 1:38 PM