A Kentucky man has filed a medical malpractice lawsuit against a surgeon that amputated his penis, allegedly to remove cancerous tissue, without informing him or asking for his consent, as reported by the Associated Press for Yahoo News from Shelbyville, Kentucky.
The surgery mishap occurred in 2008 and is headed for trial this August.
The physician's attorney has alleged that cancer was found in the man's penis during the surgery, and that it had to be removed at that time.
The victim, now in his 60s, states that he was only informed that the surgery included a circumcision - not an amputation. He further alleges that he was not given the opportunity to get another doctor's opinion first.
The suit was filed by the victim P.S. and his wife D.S. against Louisville-based physician Dr. J.P.
The couple, of Waddy, Kentucky, sued the doctor after the 2008 operation in Shelby County Circuit Court.
P.S. opted to have the procedure to lessen a problem he had with inflammation.
Kevin George is the attorney for P.S. and D.S. Clay Robinson is representing Dr. J.P.
Neither attorney would comment to press about the upcoming litigation.
Shelby Circuit Judge Charles Hickman has allegedly asked both attorneys not to make any statements for public consumption.
Both e-mail communication and telephone messages were left unanswered by Robinson.
In the suit, Dr. J.P. has been accused of removing P.S.'s penis without first obtaining the proper approval from the patient, or his wife. He did not consult with either of them before or during the surgery.
On August 2, at a pre-trial hearing, George told jurors that the case was all about whether they believed that the amputation "was a necessary part of the surgery."
Shelby Circuit Judge Charles Hickman added, "This is really a fact-driven case."
In Dr. J.P.'s post-surgical notes, George said it read that the surgeon believed he had found cancer and removed the penis - though, also noted by the doctor, it was not an emergency.
In 2008 when the lawsuit had been filed, George reportedly said, "It didn't have to happen that way."
Robinson has contended that his client had permission to perform any medical procedure that he deemed necessary. The doctor detected cancer in the organ during the surgery and felt that he "had no reasonable (other) option" besides the removal.
Robinson said, "Mr. (P.S.'s) problem was not the surgery, it was the cancer."
Due to pre-trial publicity Robinson moved the court proceedings from January to August of this year. He now reports, "I'm optimistic we can seat this jury."
The couple is seeking and undisclosed amount in damages for "loss of service, love and affection."
The hospital, also sued by the couple, has already settled with them for an undisclosed amount.
Another man that had a similar surgical outcome in 1997 - both his penis and left testicle were removed due to an infection - settled his case for $2.3 million.
If your physician has caused you unexpected harm, whether or not you were completely informed beforehand, you may have grounds for a medical malpractice lawsuit. Click here for our directory and contact a medical malpractice attorney to discuss your case.