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Medical Malpractice Lawsuit Alleges Accidental Castration

medical malpractice lawsuitAn Alabama man has filed a medical malpractice lawsuit, alleging his routine circumcision resulted in accidental amputation of his penis. The lawsuit claims the patient was never advised that his procedure could lead to castration. However, when the patient awoke from his procedure, he learned the amputation had occurred.

Johnny Lee Banks, Jr., filed his complaint on July 22, naming Princeton Baptist Medical Center and two physicians and their practices as defendants in the lawsuit. Banks had been receiving treatment from one of the physicians listed on the complaint at Urology Centers of Alabama prior to his surgicalprocedure. Another physician from the Simon-Williamson Clinic performed Banks’ surgery. Banks said he realized the amputation had taken place after he awoke from his surgery. However, no one on the hospital staff ever explained why the amputation occurred.

Medical malpractice lawsuit “lacks merit”

A hospital named in the lawsuit has told the press the complaint “lacks merit” and a lawyer for the physicians has stated the claims made by the plaintiff are “completely untrue.” According to a report at Insurance Journal, the attorney has warned that when the facts of this case come to light, it will be seen as “an unfair attempt to damage the reputations of dedicated physicians and their outstanding clinics.”

However, the lawyer representing Banks and his wife told the Huffington Post that he stands behind the allegations of the plaintiffs, who are seeking an unspecified amount in monetary damages. The couple has accused the hospital and physicians of medical malpractice and negligence. They are seeking compensation for Banks’ pain and suffering, which was extended due to the amputation procedure. They are also pursuing damages for medical bills and other expenses, as well as loss of consortium suffered by Banks’ spouse, Zelda Banks.

Other lawsuits involving castration

These plaintiffs are not the first to file a medical malpractice suit involving accidental castration. In 2011, a lawsuit was filed by a man in Kentucky after partial castration. The man had been undergoing circumcision surgery when the physician performing the procedure found a potentially deadly cancer developing in the penis. The jury ruled in favor of the defendants in that case, after determining the removal of less than one inch of the penis was necessary for curing the cancer and saving the plaintiff’s life.

In 2003, a man undergoing surgery for bladder cancer treatment also had his penis and testicles removed when the surgeon performing the procedure thought he found cancer cells in the penis. The patient was never warned prior to his surgery that amputation was a possibility with his procedure. It was later discovered through pathology slides that no cancer existed in that area. The plaintiffs and defendants in this case settled their case outside of court for an undisclosed amount.

In 2012, CNN reported that medical errors take the lives of approximately a quarter million people annually. Some of the most common mistakes include operating on the wrong body part, treating the wrong patient or leaving surgical equipment in the patient. Other cases of malpractice or negligence might include medication errors, infections or falls. Even when the medical error does not result in death, the consequences can be life-changing for the patient, such as in the case of Banks and his wife.