Indiana wrongful circumcision case

[HopefulJo]

This is old news, as it happened 7 years ago, but the courts just ruled NOT to award damages.

http://www.wthr.com/story/15639516/jury-sides-with-central-indiana-doctor-over-circumcision

(The story from the local newspaper has some more details, but makes the lawyer sound kind of crazy.)

The fact that this incident happened somewhat nearby to me reinforces my desire to not have a future hospital birth, if the attitude in the area is "wrongful circumcision is not a big deal." Ugh.

[Treece]

Any other wrongful surgery would warrant damages. Why is this ANY different????

[mama24-7]

Originally Posted by HopefulJo 

This is old news, as it happened 7 years ago, but the courts just ruled NOT to award damages.

http://www.wthr.com/story/15639516/jury-sides-with-central-indiana-doctor-over-circumcision

(The story from the local newspaper has some more details, but makes the lawyer sound kind of crazy.)

The fact that this incident happened somewhat nearby to me reinforces my desire to not have a future hospital birth, if the attitude in the area is "wrongful circumcision is not a big deal." Ugh.

I couldn't get the second link to work.  Thanks for sharing this story.  It illustrates the complete lack of value that others feel foreskin has.  It it were valuable to individuals then there would be a monetary award.

Sus

[Treece]

Originally Posted by mama24-7 

I couldn't get the second link to work.  Thanks for sharing this story.  It illustrates the complete lack of value that others feel foreskin has.  It it were valuable to individuals then there would be a monetary award.

Sus

It is valuable. The US has decided that the value isn't there. This is sickening.

[rubidoux]

I feel so sad for the family.  I cannot imagine how I'd feel if someone cut my baby before I even had a chance to know him.  So heartbreaking!  

And omg, those comments just turned my stomach.  So many people seem to believe that he'd be "better off for it" and it doesn't matter what the mother wanted because "she won't have to live with it."  

[Storm Bride]

Originally Posted by rubidoux 

I feel so sad for the family.  I cannot imagine how I'd feel if someone cut my baby before I even had a chance to know him.  So heartbreaking!  

And omg, those comments just turned my stomach.  So many people seem to believe that he'd be "better off for it" and it doesn't matter what the mother wanted because "she won't have to live with it."  

hmmm...funny how that sentiment doesn't seem to apply when a mother wants her boy to be circumcized.

[mama24-7]

Originally Posted by Treece 

It is valuable. The US has decided that the value isn't there. This is sickening.

I don't disagree w/ this.  I'm saying that most Americans DO NOT think it's valuable.

Sus

[lauriebeth]

OH MY GOSH

I want to spit nails after reading some of those comments!!!!

And not compensating the person after he has life altering surgery...   Un flipping believable. 

[Treece]

Originally Posted by mama24-7 

I don't disagree w/ this.  I'm saying that most Americans DO NOT think it's valuable.

Sus

That's what I meant.I think this is a regionally thing really. I don't understand the thought that a fresh wound on a brand new baby for NO purpose other than parental choice is acceptable. I don't understand how this even exists still. I rejoice when I hear a baby will be (or is) a girl and cry for the little boys.

[Dave2GA]

I am the lawyer who handled the case for the plaintiff.  I don't know why the jury did not award anything. They did not want to talk to me after the verdict. I guess they were not convinced there was any damage.  That was the doctor's position - essentially "no harm, no foul."  His lawyer argued essentially that "this is what we do to our children in this community."  We presented a wealth of evidence about the function of the foreskin and the losses caused by circumcision.  I was told by one of the court personnel that at least one juror said that there were too many facts and too much anatomy presented.  It was a disappointing result and a very surprising one to me.

[anne1140]

Um, wow, Dave. It shouldn't even have to matter what facts were presented. The only fact that should matter is that the parents didn't want it done, and it was. End of story. And, "It's what we do to our children in this community," makes me so sad and mad at the same time. I lived in that area recently (just moved), and my son was born a mere 45 min. from there. It's not "what was done" to him. I'm so happy to have a son that I didn't "do" anything to, and I'm so grateful that no one took it on themselves to. My heart breaks for the parents, not only because of what initially happened, but because it's almost like there's no closure. No one is making amends or apologizing. So sad. 

[Treece]

Dave, is there a plan to appeal?

[mama24-7]

Originally Posted by Treece 

That's what I meant.I think this is a regionally thing really. I don't understand the thought that a fresh wound on a brand new baby for NO purpose other than parental choice is acceptable. I don't understand how this even exists still. I rejoice when I hear a baby will be (or is) a girl and cry for the little boys.

Bolding mine.  I do this too.  In fact, I did it today.  I've a friend who's friend is pregnant, w/ her first, I believe.  I almost didn't ask what the sex of the baby was.  My friend is not convinced that circ is a bad thing (in spite of her nephew needing corrective surgery for his botch job :-() and I seriously hope she doesn't have any more children (she has a dd) because I'm not sure our relationship would survive her having a boy.  The friend of hers is having a girl & I said, "Woohoo!!!!"  My dd was there too & she knows why I say that.  No one asked me why I was excited, but I think my friend knew.

Right there w/ you!

Sus

[lauriebeth]

 My friend is not convinced that circ is a bad thing (in spite of her nephew needing corrective surgery for his botch job :-(

I dont understand ppl who think like  this...  my SIL also had a DS who needed corrective surgery for a botched circ.  Told me she would never circ if she had another son.    Few years later, guess who circs DS #2.    When we didnt circ our son, and told the ILS that our nephew's repeated corrective surgeries for a botched circ were a big reason why we left our child intact, they still yelled at us. 

 too many facts were presented?   I am in shock.  If they dont base their medical and legal deccisions on fact, what do they base those decisions on?