What are my legal rights for medical malpractice regarding my son’s circumcision?

We took our 1 year old son to have a circumcision and doctor who performed surgery cut too much skin. We saw there was a problem and took him back to get evaluated. The doctor did not admit to

anything homever offered to perform a corrective surgery. We agreed. The second procedure left our son with the same results. Not wanting to repeat this for a third time, we found another doctor out of state. He agreed to perform the surgery and informed us after the surgery that the first doctor cut too much skin. Is this legal grounds for a lawsuit?

Asked on March 21, 2018 under Malpractice Law, Alabama


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the first doctor, obtain your son's medical bills and medical reports from both doctors; especially from the second doctor. Your son's claim filed with the first doctor's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports from the second doctor will document that the first doctor cut too much skin.  The medical reports will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the first doctor's malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the first doctor's malpractice insurance carrier, reject the settlement offers and file a lawsuit on behalf of your son for negligence against the first doctor.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.
If the case is NOT settled, the lawsuit on behalf of your son against the first doctor must be filed with the court prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.

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