Later this year, a Richland County jury may be deciding if surgeons are guilty of medical malpractice after removing a baby's penis before his second birthday.

P. and M. Crawford argue that surgeons in Charleston and Greenville went ahead and performed unnecessary sex assignment surgery on their adoptive son, M.C., when he was just 16 months old.

M.C. was born with male and female reproductive organs, however, M.C.'s adoptive parents said that there was no medical necessity to remove any of his genital tissue.

The Crawfords believe that the doctors should have let M.C. eventually make this decision on his own.

M.C.'s attorney said that her client's penis was surgically removed without a medical reason. She said that no surgery can give back what he lost.

The couple adopted M.C. from state custody after the S.C. Department of Social Services had approved the surgery that made it so he was biologically female. M.C.'s choice soon became clear. According to his mother, M.C. wanted to be a boy, and this was a decision that they respected.

The family changed his name at 7. His mother said that he's just like any other boy; he's well-accepted in the community, and at school it has not been an issue.

State and Federal Lawsuits are Filed

The Crawfords filed state and federal lawsuits against MUSC, Greenville Health System and DSS two years ago. The federal lawsuit was dismissed after defense attorneys argued that the doctors weren't aware that they may have violated M.C.'s civil rights.

The state lawsuit in Richland County is moving forward; the case may be tried by a jury in November. This could be the first public case of its kind. In the past, similar lawsuits have been settled in other states, but out of court and privately.

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