Jacksonville, FL asked in Personal Injury 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? EDIT: I practice a religion that views the body as a sacred temple.

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1 Lawyer Answer
Yana Kurzman
Yana Kurzman
  • Ft. Lauderdale, FL
  • Licensed in Florida

A: While I empathize with your situation, you do not have standing to sue for damages, because the circumcision did not result in injury or death. In legal terms, "standing" refers to the legal right to bring a lawsuit.

The fact that you were unaware of the circumcision for 24 years does not necessarily invalidate the consent form signed by your mother. Consent forms typically outline the risks and benefits of a medical procedure, including potential complications. While it's unfortunate that your mother may not have been fully informed about the risks, 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 death.

As to the the statute of limitations, it 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.

Terrence H Thorgaard agrees with this answer

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