Is a Botched Circumcision Medical Malpractice?

September 15, 2020

Parents generally make the decision whether or not to have their baby son circumcised soon after birth. The decision to circumcise is often for religious reasons or due to concerns over hygiene. The vast majority of circumcisions go well, and minor complications can often be fixed quickly without lasting harm to the baby. But major complications, while rare, pose a greater danger and may need an outpatient procedure or corrective surgery. If your child suffered a botched circumcision, you may have grounds for a medical malpractice claim.

Botched Circumcisions: A Result of Negligence

Circumcision is a common procedure that a physician can perform in various ways, based on their preferred method and level of training. The majority of severe complications like trapped penis, redundant foreskin, skin bridges and meatal stenosis could be easily avoided with the correct equipment and technique.

It’s important to keep in mind that not every injury requires a lawsuit. To pursue legal action, the physician must have been negligent and deviated from the standard of care. Examples of negligence include:

• Lack of training
• Not using equipment correctly
• Working while under the influence
• Improper post-surgery care
• Performing a circumcision without parental consent

Not only must the physician have been negligent, but they must also have caused harm. For instance, bleeding after the circumcision usually isn’t grounds for a lawsuit. But if the physician was careless and removed too much skin, requiring a skin graft or corrective surgery, then you may have grounds for a medical malpractice claim.

Gathering Evidence

If you do choose to file a malpractice claim following your child’s circumcision, there are some steps you should take immediately.

If you haven’t already, seek proper medical treatment for your child. To file a malpractice claim you must prove the physician’s negligence led to identifiable damages. Cases like these may need further surgery. Keep doctors notes and records of treatments your child needed after the botched circumcision: these will be crucial when filing for damages.

You will also need evidence showing the attending physician was negligent. Evidence could include

• pictures of the injuries with a date on each photo
• your child’s medical records
• a list of all medical staff who were present during the circumcision

A malpractice attorney can help you gather these pieces of evidence.

Medical malpractice cases can be incredibly difficult to navigate, so it’s best to seek out the advice of an Indiana medical malpractice attorney. They can help walk you through the process of filing a medical malpractice claim, gather evidence from hospitals, and speak with your insurance company.

Types of Damages

In terms of what damages you can recover from a medical malpractice case, you may be awarded compensatory and punitive damages.

Compensatory damages include economic and noneconomic damages. Economic damages are straightforward dollar amounts, such as medical bills. Noneconomic damages refers to losses that don’t have a tangible dollar amount attached, like pain and suffering. Pain and suffering is based on your child’s pain, long-lasting effects of the injury, and the emotional trauma your family suffered from the event.

Punitive damages are only awarded if the physician is found guilty of malicious or willful misconduct. The goal is to punish the physician for their behavior rather than make up for your losses.

The types of damages depend on the details of the individual case.

Help from an Indiana Medical Malpractice Attorney

No parent should have to watch their child suffer. Hiring an Indiana birth injury attorney is your best chance at recovering damages for your child’s case.

If your child suffered a botched circumcision because of a negligent physician, it’s time to discuss your case with an Indiana birth injury attorney. At Hensley Legal Group, we can help you determine your next steps. You don’t have to suffer through this alone. Call us or contact us online today to discuss the details of your case.