Patient Sues Over Amputated Penis

A patient has filed a personal injury lawsuit against a Kentucky doctor for the amputation of his penis during a medical procedure.

MSNBC.com reports that Dr. John Patterson removed Phillip Seaton's penis because Seaton had cancer. Patterson claims that prior to the procedure, Seaton had given him permission to perform any medical procedure deemed necessary. The amputation was performed during a scheduled circumcision to treat inflammation. The attorney for Dr. Patterson, Clay Robinson, said that his client performed the surgery because Seaton had cancer.

Seaton and his wife filed a lawsuit in Shelby County Circuit Court. The lawsuit claims that Patterson performed the procedure without consulting Seaton or his wife. The complaint also states that Seaton and his wife were not given the opportunity to seek a second opinion.

At issue in this case is whether or not Seaton gave effective informed consent to Dr. Patterson by allegedly telling him to perform any medical procedure deemed necessary. Usually, four questions will be considered to determine whether a patient's consent was informed:

  1. Did the patient understand enough of the information to give an effective consent?
  2. Was the patient given the same information as other patients in the same situation?
  3. If the patient had been given sufficient information, would he or she have consented to the treatment?
  4. Was the patient warned about complications that could occur as a result of the medical procedure?

The trier of fact (a judge or jury) will also look at exceptions to the informed consent rule: emergency situations, risk of significant emotional or physical harm to the patient, and compulsory tests.

Seaton and his wife are seeking unspecified compensatory and punitive damages within their personal injury complaint. Whether they are successful or not will depend upon the application of relevant law to the existing facts.


» Back to Injury Articles

Copyright © 2011 TotalInjury, LLC. (as licensee). All rights reserved.

Submit ZIP Code
Or, call us anytime. Available 24/7: 855-694-9176

Some bumps and bruises are a natural part of life. But when your pain is caused by reckless behavior, abusive behavior or negligent practices, Total Injury is there.

If you were injured as a result of someone’s negligence or intentional actions against you, you may have the right to compensation for any injury, damage or loss caused by the person at fault. About Us »

Attorneys: We help clients find you! Call 877-349-1307

PAID ATTORNEY ADVERTISEMENT. THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total Injury is not a law firm. Total Injury does not endorse or recommend any lawyer or law firm who participates in the network. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. The information contained herein is not legal advice. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Any information you submit to Total Injury may not be protected by attorney-client privilege. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. An attorney responsible for the content of this Site is Kevin W. Chern, Esq., licensed in Illinois with offices at 25 East Washington, Suite 510, Chicago, Illinois 60602. To see the attorney in your area who is responsible for this advertisement, please click here.

If you live in Florida, Mississippi, Missouri, New York or Wyoming, please click here for additional information.