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Penile Surgery Prompts Medical Malpractice Litigation

A man filed a lawsuit in Delaware after his penile implant resulted in an eight-month erection. The man's medical malpractice lawsuit alleges that the implant was defective and impeded his ability to do his job and perform every day functions. The man received the surgery back in 2009. The procedure involved implanting an inflatable part inside the shaft of the man's penis. The man intended to get the surgery in order to help his relationship with his wife.

The attorneys representing the urologist (penile surgeon) claim that the man should have realized that something was wrong sooner than he did. The defense attorneys also allege that the urologist encouraged the man to have the implant removed because it had become infected. Following this encounter with the doctor, the man allegedly refused to have the procedure to take the prosthesis out.

The man went to another doctor to have the implant removed in August 2010, but he claims that he is in an even worse condition than he was prior to the initial surgery. If this medical malpractice case is successful, then the urologist and the medical facility he worked for could have to pay economic and emotional damages. Medical malpractice lawsuits are becoming more and more common in the United States.

For a medical malpractice lawsuit to stand, the plaintiff must be able to show that the urologist owed him a professional duty of care. This means that the plaintiff's attorney must establish that there was a physician-patient relationship. Second, they must prove that the duty was breached and that an injury directly resulted from that breach. Finally, the plaintiff's attorney must prove that the breach of duty resulted in an actual, provable physical injury or emotional damage.

Categories: Medical Malpractice

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The Law Firm of Steven I. Fried, P.C. - Bronx Personal Injury Attorney
Located at 5600A Broadway, Bronx, NY 10463.
Phone: (212) 964-5777.
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