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'''Litigation over circumcision''' may occur for several reasons.

==Adverse outcome==
Circumcision may only be legally done when someone (the patient or his surrogate) has granted [[informed consent]] to the surgeon for the known injury.

Every [[circumcision]] injures the patient by [[amputation]] of the [[foreskin]] which has many valuable protective, immunological, sensory, and sexual functions, however the patient or his surrogate grants consent for this, so when the injury is greater than expected, of an [[Documented severe complications of circumcision| unusual nature]], [[death]] occurs, or the amputation was poorly executed, litigation for damages or even wrongful death may occur.

If the surgical instruments used caused the injury, then the manufacturer may be sued. [[David J. Llewellyn]] of Atlanta has won millions of dollars in two lawsuits again the manufacturer of the defective [[Mogen| Mogen Clamp]].<ref>{{REFnews
|title=Atlanta lawyer wins $11 million lawsuit for family in botched circumcision
|url=https://www.ajc.com/news/national/atlanta-lawyer-wins-million-lawsuit-for-family-botched-circumcision/P9Jewrh4v1GWStqGyfejiP/
|last=Tigami
|first=Ty
|init=
|author-link=
|last2=
|init2=
|author2-link=
|publisher=Atlanta Journal-Constitution
|website=
|date=2010-07-19
|accessdate=2021-11-21
|quote=
}}</ref>

==Lack of consent==
Circumcisions have been known to be carried out, usually by error, when [[informed consent]] has not been granted or is faulty or defective. In such cases litigation for [http://www.cirp.org/pages/parents/protection/ wrongful circumcision] may result.<ref name="llewellyn1995">{{REFjournal
|last=LLewellyn
|init=D
|author-link=David J. Llewellyn
|url=http://www.cirp.org/library/legal/USA/llewellyn/
|title=Legal remedies for penile torts
|journal=The Compleat Mother
|date=1995
|volume=40
|issue=
|pages=16
|accessdate=2021-11-21
}}</ref> A suit may be a personal injury lawsuit or a medical malpractice lawsuit.<ref>{{REFweb
|url=https://www.legalmatch.com/law-library/article/botched-circumcision-and-wrongful-circumcision.html
|title=Messed Up Circumcision Lawyer
|last=
|first=
|accessdate=2021-11-21
}}</ref>

==When parents disagree==
Parents do not always agree about non-therapeutic circumcision of boys. Consent of both parents is required in the [[United Kingdom]],<ref name="bma2019">{{REFdocument
|title=Non-therapeutic male circumcision (NTMC) of children – practical guidance for doctors
|url=https://www.bma.org.uk/media/1847/bma-non-therapeutic-male-circumcision-of-children-guidance-2019.pdf
|contribution=
|last=
|first=
|publisher=British Medical Association
|format=PDF
|date=2019
|accessdate=2021-11-22
}}</ref> but is advisable everywhere. Doctors and ''[[mohel]]s'' who perform circumcisions should obtain written [[informed consent]] from both parents. When parents disagree, litigation between parents regarding a proposed circumcision of an infant son may be brought.

==Adult lawsuits for child circumcision==

An adult may sue for an injury incurred as a child after reaching the age of majority. Such suits are subject to statutes of limitation which prescribe strict time limits for instituting such suits. The prescription varies by jurisdiction.<ref>{{REFweb
|url=https://www.legalmatch.com/law-library/article/medical-malpractice-statute-of-limitations.html
|archived=
|title=Medical Malpractice Statute of Limitations by State
|trans-title=
|language=
|last=Wishnia
|first=Jaclyn
|author-link=
|publisher=LegalMatch
|website=
|date=2020-10-05
|accessdate=2021-11-21
|format=
|quote=
}}</ref>

For example, [[William Stowell]], as a young adult, brought a suit against the doctor who performed his infant non-therapeutic circumcision and the hospital where the circumcision occurred. The suit resulted in an out-of-court settlement.

==Suits to enforce and protect Constitutional and human rights==
While this will vary from country to country, Non-therapeutic circumcision of male infants violates various constitutional and [[human rights]]. The [[Cologne circumcision court judgment]] (''Köln Oberlandgerict'') found in May 2012 that such non-therapeutic circumcision violates the Bill of Rights of Germany's Basic Law (''Grundgesetz'')<ref>LG Köln, 07.05.2012 - 151 Ns 169/11</ref> Lawsuits brought in other nations presumably would reach a similar conclusion.<ref name="bernaerts2014"> {{REFdocument
|title=The Cologne Judgment: a curiosity or the start sign for condemning circumcision of male children without their consent as a human rights violation?
|url=https://repository.gchumanrights.org/bitstream/handle/20.500.11825/161/Bernaerts_2012%EF%80%A213.pdf
|contribution=
|last=Bernaerts
|first=Jonathan Alfons J
|publisher=European Commission
|format=PDF
|date=2014
|accessdate=2021-11-22
}}</ref>

Such lawsuits are mostly theoretical at this time.

{{SEEALSO}}
* [[Circumcision is a Fraud]]
* [[Circumcision legal commentary]]
{{LINKS}}
* {{REFweb
|url=http://www.cirp.org/library/legal/
|archived=
|title=Circumcision: Legal issues
|trans-title=
|language=
|last=Hill
|first=George
|author-link=George Hill
|publisher=Circumcision Reference Library
|website=
|date=2013-09-30
|accessdate=2021-11-21
|format=
|quote=
}}
* {{REFweb
|url=https://www.doctorsopposingcircumcision.org/legal/
|title=Legal
|publisher=[[Doctors Opposing Circumcision (D.O.C.)]]
|last=
|first=
|accessdate=2021-11-22
}}

{{REF}}

[[Category:Circumcision]]
[[Category:Litigation over circumcision]]

[[en:Litigation over circumcision]]

Rechtsstreit wegen Beschneidung - Versionsgeschichte

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