Court Case ruling..What do you think* Xrated*

DJG1
DJG1 Member Posts: 121
edited August 2011 in Head and Neck Cancer #1
I thought I would share with you a HIGH PROFILE civil case that was tried here locally. Verdict was received today. This is a cancer story, not head and neck. (well maybe)

A gentleman has surgery by an urologist to be circumcised. When the doctor started the procedure he discovered that the patient had cancer and removed over 1”of his penis. The patient had no idea and was in total shock upon his recovery. He sued the doctor for $16 Million for removal of part of his private part. The doctor’s defense was that he might have saved his life and this was the best remedy for his cancer. Another medical professional testified that there was not an urgency to remove the partial penis at that time, and suggested that it should have been discussed with the patient once he was no longer sedated. The jury ruled in the doctor’s favor and the gentlemen lost his case. The jury only met for 1 hour and said because the patient signed the release form, the doctor had no liability. See http://www.whas11.com/news/penis-amputation-trial-128318263.html for the full story

Based on the facts we have do you agree or disagree with the jury? Many of us here have had surgery, and of course all of us can relate to the "C". I DISAGREE with the Jury. As we all know, not all treatments are the same even with the same diagnose. For that reason, I think it is as important for this man as it is for all of here to be made aware of all the effects and make a educated decision based on the facts we have. Maybe if he had an opportunity to get a second opinion, there may have been other options. I will ask my ENT next visit if he took anything in addition to my tonsils and nodes, that i didnt know I was missing What’s your opinion?

Comments

  • Hal61
    Hal61 Member Posts: 655
    #2
    The unkindest cut of all
    Hi Deb, iteresting article, thanks.

    For better, sometimes worse, modern jurists are cowed by legalism. According to the defense lawyer, the language in the consent was so general they could have cut off a leg, and been covered. Jurors decided on the side of the document. In the same way that juries are hard pressed to return guilty verdicts in capital cases. The slightest shadow of doubt is all it takes, and our peers are convinced that without 100% proof, liability is out the door. Judges should—and I think they do sometimes—assure the jury it can find any way it wants. The jury is the law, makes the law, but defense lawyers will do their best to turn that around.
    The jury in this case decided according to the letter of the law. The lesson is (iterated in the article) to read your surgery consent form very carefully.
    The jury sent a wrong message, made a wrong verdict. No way the surgeon couldn’t have waited until the guy regained consciousness, then let him know what he’d found.
    Hal
  • Skiffin16
    Skiffin16 Member Posts: 8,305 Member
    #3
    Well.....
    You know that I'm going to have to say it....even though it might be a little on the side of stretching my abi-normal humor.....

    Unfortunately, I don't think that the patient has enough evidence to win...at least nothing that would stand up in court.

    But in seriousness...I'm not really in favor of the patient, and I think 16 million is pretty excessive. Is there any proof that the MD didn't save his life....

    I'd hope to say that even though it's not something you'd want to wake up from surgery finding out...I think that him discovering cancer and removing it would justify his decision for me.

    JG
  • Hal61
    Hal61 Member Posts: 655
    #4
    Skiffin16 said:

    Well.....
    You know that I'm going to have to say it....even though it might be a little on the side of stretching my abi-normal humor.....

    Unfortunately, I don't think that the patient has enough evidence to win...at least nothing that would stand up in court.

    But in seriousness...I'm not really in favor of the patient, and I think 16 million is pretty excessive. Is there any proof that the MD didn't save his life....

    I'd hope to say that even though it's not something you'd want to wake up from surgery finding out...I think that him discovering cancer and removing it would justify his decision for me.

    JG

    A leg to stand on
    Hi John, I'd certainly agree with you in general on this idea, just not this case. Can't prove a negative unfortunately, so, you're right, it can't be proved the doc didn't save his life. It seems this case that the doc had the chance to consult first. As for excessive, of course that just depends, for some that inch might not amount to that much, for others . . .

    best, Hal
  • tonyb
    tonyb Member Posts: 69
    #5
    john you are so bad........
    i had just sat down at my computer, and taken a big sip of tea and saw your post,
    next up i had tea squirting out of my nose, dripping off the monitor, and running into my keyboard, but it was worth it. i havent laughed that hard in a while.
  • jim and i
    jim and i Member Posts: 1,788 Member
    #6
    disagree with jury
    I disagree with the jury. It is hard to believe that the man would have died in the next few days without the removal of the cancer. I think the doctor could have waited until the patient was awake. Anyone would know how important of a decision, unless the doctor was Mrs. Bobbit.
  • ratface
    ratface Member Posts: 1,337 Member
    #7
    jim and i said:

    disagree with jury
    I disagree with the jury. It is hard to believe that the man would have died in the next few days without the removal of the cancer. I think the doctor could have waited until the patient was awake. Anyone would know how important of a decision, unless the doctor was Mrs. Bobbit.

    This is why women can't measure
    because all their lives men have been telling them that six inches is the same as twelve. I can prove it, John, how long are those fish??
  • Skiffin16
    Skiffin16 Member Posts: 8,305 Member
    #8
    ratface said:

    This is why women can't measure
    because all their lives men have been telling them that six inches is the same as twelve. I can prove it, John, how long are those fish??

    Outstanding MD -
    A cut a head of the rest.....

    Fish length depends on how many times you tell the story of course...every fisherman knows that....

    The main thing I have a problem with from above was asking for 16 million dollars. At that rate most men would have a TallyWacker worth approximately 96 million dollars.

    JG
  • luv2cut1
    luv2cut1 Member Posts: 288
    #9
    I obviously
    Cannot compete with the humor on this board. However I did hear on the radio this morning that when the guy was asked why he lost the case, he was stumped

    Myka
  • Skiffin16
    Skiffin16 Member Posts: 8,305 Member
    #10
    luv2cut1 said:

    I obviously
    Cannot compete with the humor on this board. However I did hear on the radio this morning that when the guy was asked why he lost the case, he was stumped

    Myka

    LOL....
    I think your humor works....you definitely weren't at a loss, or came up short.

    In reality, the MD did perform the surgery requested...I mean is there a standard on how much to take off during a circumcision?

    JG
  • pattyanny
    pattyanny Member Posts: 544
    #11
    OMG!
    Thanks for the morning laughs over my coffee! There is nothing I can add to this post, it would come up short. I do feel the patient should have had the chance to make the decision in their treatment. You guys are just too funny, and made my day!
    Patty
  • Hondo
    Hondo Member Posts: 6,636 Member
    #12
    Losing and inch
    I guess I would be very up-set to find the loss of and inch on my manhood, but he might have lost a lot more by waiting. Anyway before signing anything I let the doctors know that my wife has the say in anything that happens when I an under. Also in the case she can’t make a discussion my daughter has full power of attorney. This is also on my advance directive and I suggest everyone should have one before any surgery.

    Good post
    Hondo
  • Hondo
    Hondo Member Posts: 6,636 Member
    #13
    Skiffin16 said:

    LOL....
    I think your humor works....you definitely weren't at a loss, or came up short.

    In reality, the MD did perform the surgery requested...I mean is there a standard on how much to take off during a circumcision?

    JG

    Too short

    Who was the guy that his wife did a little surgery on him and wacked off half of his manhood and then through it out the car window while driving away.

    There was a big law suite over it but I never heard the outcome of it.

    Hondo
  • Skiffin16
    Skiffin16 Member Posts: 8,305 Member
    #14
    Hondo said:

    Too short

    Who was the guy that his wife did a little surgery on him and wacked off half of his manhood and then through it out the car window while driving away.

    There was a big law suite over it but I never heard the outcome of it.

    Hondo

    Lorena Bobbit
    Mentioned above......

    Don't remember the specifics as for the trial....

    But her husband actually had it sewn back on...he even tried his new found fame as a porn star.... But that didn't work out...he eventually dropped off and out of sight.

    JG

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