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Does anyone here have a firstborn circumsized son, and a secondborn son not circ'd? - Page 2

post #21 of 25
Technically we don't have the second yet but my DH has a son from a previous relationship who is circumcised and we have agreed to not circumcise any future boys we have.

So far we have 4 additional daughters but I am pregnant now.
post #22 of 25
Leigh-Ann:

If your son was circumcised without consent, it was an illegal act performed by your doctor. You can and should bring legal action against that doctor. He/she stole a valuable possession from your son and he/she should reimburse your son for his loss.

There is a statute of limitations of three years in most states and any action must be filed before the third anniversary of your son's circumcsion which I assume would be the day after his third birthday.

There are attorneys who specialize in this area. I will be happy to refer you to some if you would like.




Frank
post #23 of 25
Hi Frank,
I wasn't aware that I could sue for this although I guess common sense should have told me that...my Dad is an attorney, but believe it or not the subject has never come up. I will ask him if I can still do anything or if it is too late--my son is 3.5yo now. This is something that both my husband and I are very bitter about. I got out my medical record from my son's birth, and they have listed that we consented to circumsion. We didn't and of course there is no documentation that we did--only a check mark on a box that I assume a nurse marked "for us". Mamas if you don't want your little one circ'd, don't let him out of your sight--or better yet, have a homebirth where no one is lurking around waiting to cut your babe.

Sorry to hijack the thread...

Thank you for your response, Frank. This makes me so sad
post #24 of 25
Leigh-Ann:

Since I don't know what state you are in, I can not address the statute of limitations issue but your father should be able to advise you. Recent court cases have established that your son can bring action on his own when he reaches 18 years old and in fact, an Atlanta man just recently settled a case like this with the doctor and hospital that did a non-consensual circumcision on him about 21 years ago. The attorney that handled that case was David Llewellyn of Atlanta. David has brought many of these cases and is currently working on cases with similar circumstances. He works on these cases throughout the country and is probably the most experienced attorney in this field. I would recommend you contact him to learn exactly what can be done. It is possible that you can bring an action on the behalf of your son.

Consider this your moral and ethical responsibility to mankind. No doctor had any right to just decide to chop parts of your son's body off. Without any rammifications of this unethical and irresponsible act, he/she is likely to continue doing it to other families and boys. You can benefit other families and men from this invasive and destructive violation by making it too costly and too risky to do. Your son also deserves recompense for his loss. Get your son what he deserves!

The main thing to do at this point is to preserve the birth records from your son's birth so that they are available should your son decide to pursue this on his own. I can tell you from experience that these records have a way of disappearing when they find out there is a legal action on the horizon. With a competent attorney guiding you, you can make sure these records are available. I will PM you with the particulars about David Llewellyn.





Frank
post #25 of 25
Adding my .02....I would think the hospital would be liable, too, not just the doctor who circed your son. Where was the informed consent form? A check box on a form just doesn't hack it.

I can't imagine how angry you must have been, Leigh-Ann. I agree with Frank, definitely pursue your legal options. Your son was wronged and deserves justice.

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