On July 22, 2014, the Alabama man filed a medical malpractice lawsuit in Alabama state court against a hospital and others for his injuries and damages resulting from the amputation of his penis during a circumcision procedure in June 2014. The man had gone to the hospital for the routine circumcision intended to treat a medical condition and when he awoke from anesthesia, he was shocked and devastated to find that his penis had been amputated.
The medical malpractice plaintiff alleges in his lawsuit that he was never advised before the procedure that his penis may have to be amputated. It was not reported what the man’s condition was that led to the circumcision procedure or why his penis was amputated during the procedure. His wife is also a plaintiff in the medical malpractice lawsuit that seeks unspecified damages for medical negligence and other wrongdoing.
Two days after the medical malpractice filing, the defendant hospital issued a statement in which it alleges that it was not negligent, that it provided care consistent with the standard of care, that the medical negligence and other claims against it are without merit, and that it intends to vigorously defend against the lawsuit. The plaintiffs indicated that they may add additional defendants to their case.
What is the monetary value of a man losing his penis due to medical negligence? It may very well be up to an Alabama medical malpractice jury to make that determination in this case.
However, in other U.S. states where caps (limits) on noneconomic damages have been enacted and are in effect, the loss of a man’s penis due to medical negligence would be subject to the cap on damages in effect. For example, if the Alabama man suffered his devastating injury in California, he would not be able to be compensated for his noneconomic losses over the artificial California cap on noneconomic damages in medical malpractice cases in the amount of $250,000, which was set in 1975 (almost 40 years ago) and has not been increased since then (however, there is a movement at the present time to try to have the California cap increased). Texas also has a $250,000 cap on noneconomic damages in medical malpractice cases.
Does $250,000 adequately compensate a man for the negligent amputation of his penis? Would any man accept $250,000 to have his penis cut off? How will this traumatic injury affect the man every day of his remaining life? How will the man deal with the catastrophic loss he has suffered? How will the Alabama medical malpractice plaintiffs’ marriage be affected?
If you or a loved one suffered serious injuries (or worse) due to medical negligence in Alabama or in another U.S. state, you should promptly consult with an Alabama medical malpractice attorney (or a medical malpractice attorney in your state) who may investigate your medical malpractice claim for you and represent you in a medical malpractice case, if appropriate.
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