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In Florida Who Has the Right to Consent to a Circumcision?

Written by Spencer Aronfeld on . Posted in Medical Malpractice, Personal Injury News and Safety Resources

Our Florida law firm sues hospitals for mistakes on behalf of injured patients all the time; but the case of Mario Viera who is just four weeks old is very unusual. When he was born, his parents told the doctors at South Miami Hospital several times that they did not want Mario circumcised. Somehow, the doctors claim, they got the consent forms mixed up and took Baby Mario out of the NICU and circumcised him without the parents knowledge or consent violating Florida Medical Consent Statute 766.103.

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Some question why this is objectionable. After all many people are circumcised everyday in this country without any objection from the parents. As a Miami medical malpractice lawyer, I disagree and on Monday we will file a multi-million dollar lawsuit against the hospital and doctors who performed the irreversible amputation of this helpless baby’s functioning tissue. We take the position that the procedure constitutes more than just medical malpractice, it is a battery and a human rights violation with lifelong consequences.


According to a Canadian study: “the risks of circumcision have always exceeded any alleged benefits, a fact that often is not made clear to parents” and some insurance companies no longer provide coverage for routine infant circumcision and there are hospitals that refuse to perform it because there is no medical indication.

Canadian Medical Association Journal, Mar 13, 1996, 154(6), 769-780.