Jacksonville, FL asked in Personal Injury and Medical Malpractice for Florida

Q: Circumcision Consent Form did not specify risk of death.

My mother consented to have me circumcised as a baby, later down the line at age 24 I realize I was circumcised, an entire 24 years not knowing that I was circumcised, can I file a lawsuit against the doctor or hospital? The consent form did not specify "risk of death," had my mother known that there was a risk of death she would have never consented, it is the doctor's duty to make sure that the patient is fully informed and yet they did not make sure, she was not fully informed, i would assume the consent form is null and void? There is a technicality in the Statute of Limitations, which can extend the Statute of Limitations, this is reiterated by the fact that I did not know that I was circumcised for 24 years, this is again just to my knowledge, I'm not entirely sure if it's true or not.

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Did you die from the operation? Did your mother know that there is a risk of death in any operation? If the answer to the first question is no, and the answer to the second question is yes, there are no damages and you don't have a right to sue, whether or not the SOL has tolled.

Yana Kurzman
Yana Kurzman
Answered
  • Ft. Lauderdale, FL
  • Licensed in Florida

A: While I empathize with your situation, you have no grounds for a lawsuit in this scenario. Circumcision, as a medical procedure, is typically performed with the consent of a parent or guardian, and the individual undergoing the procedure does not have legal standing to sue, unless there is evidence of negligence resulting in injury or damages.

While it's understandable that you may feel distressed upon learning about the circumcision later in life, the absence of explicit mention of the risk of death on the consent form does not invalidate it, as your circumcision did not lead to injury or death.

Further, the statute of limitations sets the period during which legal action can be pursued. Since no physical injury, harm, or death occurred in this case, you lack grounds to sue, rendering the question of the statute of limitations irrelevant.

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