In Coral Cables Circuit Court, Vera Delgado is suing South Miami Hospital for Florida injuries to a minor after her son was circumcised against the family’s wishes. Delgado’s son, Mario Viera, is now several weeks old. In the family he was born to it is a tradition that males remain uncircumcised.
Delgado says that she told doctors several times that she did not want her son circumcised. However, eight days after Mario’s birth, the procedure was performed on him. Delgado was not present at the time.
In her South Miami negligence complaint, Delgado is claiming that her son was the victim of battery and negligence. Delgado says that the hospital never obtained her consent to perform the procedure. Delgado has also filed a criminal battery report with South Miami police.
Since the incident, South Miami Hospital officials have released a statement admitting that Mario’s circumcision was a mistake that occurred because the consent form was misread. Delgado, however, says she never signed a consent form.
Delgado says that on August 2 she noticed a vial that had been placed next to her son. A nurse told her that the medication was Tylenol to alleviate the pain from the circumcision. The hospital says that it notified Mario’s family as soon as the medical error was discovered.
Delgado’s Miami injury lawyer, however, says that admitting the mistake is not enough. He contends that the baby, who was in intensive care because of an infection at the time the circumcision was performed, faced an unnecessary risk by being forced to undergo a procedure that was not wanted or needed.
Miami Injuries to a Minor
If your son or daughter was injured because of another party’s reckless or careless actions, you may have grounds for filing a Florida injuries to a minor case on his/her behalf. In the case of medical-related injury cases, a physicians must obtain informed consent before performing any procedure. They also must provide a certain standard of care. Failure to obtain consent or medical errors made that cause injuries, illness, or death, can be grounds for a Miami medical malpractice case.
Newborn mistakenly circumcised; family to sue hospital, AP/NDTV, September 15, 2010
Lawsuit Filed Over Unauthorized Circumcision, CBS4, September 13, 2010
Woman sues South Miami Hospital where infant son accidentally circumcised, Miami Herald/TCPalm, September 16, 2010
Related Web Resources:
South Miami Hospital
Circumcision, KidsHealth