Legal Question in Civil Rights Law in California

What happens if my child gets circumcised without consent? It just happened Yesterday. We were there in the room but all the Nurse told us was that they were going to get a urine Sample. She said nothing about circumcision. He had a Chest Xray and they said he has significant pneumonia. When She left I saw that his foreskin was missing.


Asked on 10/10/11, 1:39 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

I suspect you signed hospital forms that authorized 'any procedure deemed medically necessary'. Circumcision is almost always done in the US, and 'justified' as a medically sound procedure done for health reasons. Your claim is in essence for medical malpractice, alleging an unnecessary and unauthorized procedure. Even if you can demonstrate that your claim is valid and not barred by waivers in the paperwork, its 'monetary' value will be a major stumbling block. The 'mistake' simply put the child into a category shared by most boys and men in the US, and not looked upon as 'damaged'.

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Answered on 10/10/11, 2:03 pm


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