Medical negligence during surgery is known to be a major source of malpractice claims, both nationwide and here in Delaware. There is a variety of surgical errors that may occur when a surgeon is operating on a patient. The errors may also be related to pre-surgery care and preparation and/or during post-surgical care.
In one case recently filed in a nearby state, a man and his wife sued a doctor and his employing regional health care facility for injuries suffered after the doctor performed a circumcision on the husband. It is claimed that negligence occurred both before, during and after the operation. The plaintiff allegedly presented for medical attention in 2013 with a condition of red, swollen and itching foreskin that had been ongoing for over a week.
The defendant doctor diagnosed recurrent balanoposthitis, which is an inflammation of the penis, and prescribed medication. The diagnosis also included a finding of phimosis, which is a tightening of the foreskin that prevents normal hygienic procedures. The complaint alleges that the doctor performed a circumcision in June 2013.
The complaint states that the plaintiff developed an infection due to receiving insufficient medical care and treatment before, during and after the operation. The suit asks for damages that include loss of life’s pleasures, pain and suffering, and mental anguish, all of which are associated with certain “bodily injuries” suffered. The spouse’s joining in the complaint presumably indicates a claim for loss of consortium.
Although the plaintiff complains of an infection, he is otherwise somewhat general in describing the alleged negligent treatment and surgical errors, along with the alleged resulting injuries. It is reasonable for the plaintiff’s attorney to choose to protect the client’s privacy to some extent rather than recite sensitive details that are highly embarrassing to most people. The defendants will have ample opportunity to discover the more precise nature of the injuries and the errors that allegedly occurred. In fact, it is standard in Delaware and elsewhere for the plaintiff to usually fully inform the defendants in detail of the alleged errors and resulting injuries prior to the instigation of medical negligence litigation.
Source: wvrecord.com, “Man sues claiming medical malpractice after undergoing circumcision“, Leslie Gamboni, Oct. 15, 2015