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Oct
2024

Is a Botched Circumcision Considered Malpractice, and Can I Sue?

on  Medical Malpractice

If you’re reading this, chances are something went terribly wrong with your child’s circumcision, and you’re wondering if it’s considered medical malpractice. You’re likely feeling overwhelmed, frustrated, and maybe even angry. It’s a deeply personal issue that can have lasting physical and emotional consequences. As a parent, you want to know your options, how to protect your child, and what steps to take next. Understanding whether you can sue for a botched circumcision is crucial—and having an experienced Florida medical malpractice attorney by your side is even more important.

What Makes a Circumcision “Botched”?

Circumcision, while common, is still a surgical procedure that requires precision and care. A “botched” circumcision refers to a situation where something goes wrong during the surgery, whether due to a doctor’s error, negligence, or inadequate post-procedure care. In severe cases, complications can lead to infections, disfigurement, or even permanent damage to the genital area. No parent expects such outcomes, but unfortunately, they do happen.

When medical professionals don’t meet the standard of care expected during the procedure, it’s often considered malpractice. Medical malpractice occurs when a healthcare provider fails to perform their duties in a way that a competent professional would, resulting in harm to the patient. When that patient is your child, it is only natural to want to hold that physician accountable. 

What Injuries and Long-Term Damage Can Result from a Botched Circumcision?

A botched circumcision can lead to a range of injuries, some of which may be immediate while others manifest over time. These injuries can cause both physical and emotional distress for your child and may require ongoing medical attention, surgical intervention, and, in some cases, lifelong care.

Excessive Bleeding

While some bleeding is expected during a circumcision, excessive or uncontrolled bleeding can signal a problem. If not addressed immediately, this can lead to significant blood loss, infection, and other complications. In some cases, emergency medical intervention is required to prevent further harm.

Infections

A botched circumcision can increase the risk of infection, especially if sterile procedures weren’t properly followed or aftercare was inadequate. Severe infections can spread and cause lasting damage to the genital tissues, requiring further surgeries or treatments. In extreme cases, infections can lead to septicemia, a life-threatening condition that occurs when bacteria enter the bloodstream.

Disfigurement and Scarring

One of the most common outcomes of a botched circumcision is permanent disfigurement of the genital area. This can range from uneven or excessive removal of skin to more severe issues like partial or total loss of the penis, a condition known as penile amputation. In some cases, improper healing or scarring can lead to physical deformities, which may require reconstructive surgery later in life.

The emotional and psychological toll of disfigurement is also significant. As your child grows older, they may experience body image issues, low self-esteem, or embarrassment, especially during adolescence and adulthood.

Urethral Damage

A botched circumcision can also damage the urethra, the tube that allows urine to exit the body. This damage may cause complications such as urethral fistulas, where an abnormal connection forms between the urethra and the skin. In severe cases, the urethra opening may become narrowed or obstructed, a condition known as urethral stricture, which can cause painful urination, infections, and other urinary problems.

Meatal Stenosis

Meatal stenosis is a condition where the opening at the tip of the penis becomes narrowed, often as a result of injury during circumcision. This condition can cause difficulty with urination, such as:

  • Pain while urinating
  • A weak or spraying urine stream
  • Frequent urinary tract infections (UTIs)

In some cases, surgery may be required to widen the opening and restore normal urinary function.

Loss of Sensation

Nerve damage is another serious concern following a botched circumcision. If nerves in the penile area are damaged during the procedure, this can lead to a loss of sensation. This loss may be partial or total, affecting the child’s ability to feel normal sensations in that area as they grow older.

For some, this could lead to difficulties with sexual function later in life, further compounding the emotional and psychological impact of the injury.

Psychological and Emotional Impact

The long-term damage from a botched circumcision isn’t just physical. As your child grows, they may experience emotional and psychological trauma. The physical disfigurement or ongoing medical issues can affect self-esteem, body image, and even their relationships later in life. Adolescents, in particular, may feel isolated or embarrassed, and this emotional toll can be lasting.

Need for Future Surgeries

In some cases, botched circumcisions lead to complications that require multiple surgeries throughout the child’s life. Reconstructive surgeries to repair disfigurement or correct other issues like scarring or urethral damage can be invasive and painful, with recovery times that disrupt normal activities.

Unfortunately, there’s no guarantee that even corrective surgeries will fully resolve the damage caused by the initial botched procedure. Some families find themselves in a cycle of medical treatments, each one coming with its own risks and emotional strain.

Penile Amputation

While extremely rare, one of the most devastating outcomes of a botched circumcision is partial or full penile amputation. This occurs when too much tissue is removed, or the doctor mistakenly severs part or all of the penis. In such cases, extensive reconstructive surgery is often required, though the long-term physical and emotional consequences can be life-altering.

Even with surgical repair, the damage can result in:

  • Permanent disfigurement
  • Ongoing urological problems
  • Psychological trauma that may affect the child well into adulthood

Is a Botched Circumcision Malpractice?

In Florida, like many states, a botched circumcision may be considered medical malpractice if certain criteria are met. For instance, if the medical professional acted negligently or failed to perform the procedure according to the accepted medical standards, then you may have a case. Some key indicators of malpractice include:

  • Negligence during the procedure: For example, improper use of instruments or failing to account for the child’s unique medical conditions.
  • Failure to inform: If the doctor didn’t properly inform you of the risks involved with the procedure.
  • Inadequate aftercare: Even if the surgery itself went well, insufficient post-operative care or advice can lead to complications, which could also form the basis for a malpractice claim.

How Do I Know If I Can Sue?

When it comes to medical malpractice cases, Florida law requires you to prove that your child’s injury resulted from a healthcare provider’s negligence. To determine if you have a case, you’ll need to meet with an experienced Miami medical malpractice attorney who can evaluate the specifics of your situation. Your lawyer will examine the details of your case and help you explore all your legal options, including the option to file a medical malpractice lawsuit. 

One key thing to know is that Florida has a statute of limitations when it comes to filing a medical malpractice claim. Under Florida Statute § 95.11(4)(b), you generally have two years from the date of the incident, or from when you should have reasonably discovered the malpractice, to file a lawsuit. This timeline can be tight, and gathering evidence takes time, so it’s crucial not to wait too long to seek legal advice. 

However, when it comes to children – you may have more time to file a lawsuit. While you shouldn’t delay seeking legal advice, please know that the time may not have run out on your claim – even if it’s been years since your child’s circumcision. 

Why You Need an Attorney on Your Side

Handling a medical malpractice case, especially one as emotionally charged as a botched circumcision is not something you want to tackle alone. You need someone who knows Florida’s medical malpractice laws inside and out—someone who can help you build a strong case while you focus on caring for your child.

At Prosper Shaked Accident Injury Attorneys, PA., our medical malpractice attorney will guide you through every step of the legal process, from gathering medical records to consulting with expert witnesses who can testify about whether the doctor acted negligently. Hiring a medical malpractice attorney also levels the playing field when going up against hospitals, medical professionals, and their insurance companies, who often have teams of lawyers working to protect them.

In Florida, where healthcare and medical tourism are major industries, hospitals and clinics can be well-defended in malpractice claims. Whether you’re in Miami, Orlando, or Jacksonville, having a lawyer with local experience can make all the difference in how your case proceeds.

In addition to medical malpractice being a complex area of law, large healthcare corporations dominate the state. Companies like Baptist Health and HCA Florida Healthcare control most hospitals and clinics, and their legal teams are top-notch and ready to defend their medical staff. Your lawyer must be prepared to stand up against these organizations and advocate for your family’s rights.

What Could I Be Entitled To in a Lawsuit?

If your child was harmed by a botched circumcision, compensation may be available to cover various damages, including:

  • Medical bills: Both the cost of the circumcision and any necessary follow-up treatments, surgeries, or rehabilitation.
  • Emotional distress: Caring for a child who has been harmed can take a significant emotional toll on you and your family.
  • Pain and suffering: This applies to the physical pain your child may have endured as a result of the malpractice.
  • Future medical care: In some cases, botched circumcisions require long-term treatment or additional surgeries. Compensation may help cover these costs.

Should I File a Lawsuit?

Deciding to sue for medical malpractice is not an easy decision. It’s emotionally draining and can take time, but it’s often the best way to hold healthcare providers accountable for their actions. If you believe your child’s circumcision was mishandled, filing a medical malpractice lawsuit could provide the justice your family deserves, as well as financial support to cover the costs of medical care and other expenses.

However, going it alone is not advisable. Florida’s medical malpractice laws are complex, and there are strict requirements for filing a claim. With an attorney’s help, you’ll have someone who understands the intricacies of these laws, who will advocate for your family, and who will work tirelessly to achieve the best possible outcome.

Call Our Florida Medical Malpractice Attorneys Today

A botched circumcision can leave lasting scars—both physical and emotional—for your child and your family. While no amount of compensation can truly undo the harm, filing a malpractice claim can provide financial support to cover medical expenses and hold the responsible parties accountable. If your family is facing this situation, don’t wait. Consult a Florida medical malpractice attorney today and take the first step toward justice for your child.

We will help you navigate this difficult time so you can focus on what truly matters: caring for your child. Call (305) 694-2676 today to schedule a free and confidential consultation, or fill out our contact form, and we’ll contact you!