Medical Malpractice Suit in Rare “Intersex” Case

Medical Malpractice Suit in Rare “Intersex” Case

Medical Malpractice Suit in Rare “Intersex” Case

Charlotte, NC Personal Injury Attorney

 According to a report from the Post and Courier, the adoptive parents of a child born with the rare condition of having both male and female reproductive organs filed a medical malpractice suit against the Medical University of South Carolina, Greenville Health System and the state child welfare agency. The intersex condition the child was born with is incredibly rare – it only affects one in 83,000 infants. According to the plaintiffs, the surgeons surgically removed the infant’s penis when he was 16 months old for no medical reason before they adopted him from state custody. The sex assignment surgery made the child biologically female: however, the child, who is now 10 years old, decided to identify as a boy. The plaintiffs are seeking for compensation to pay for the treatment that the child will need during and after puberty. They have not yet set a date for when treatment will begin, but they have been monitoring the child’s hormone levels.

The plaintiffs had filed federal and state lawsuits two years ago, and the federal lawsuit alleging a violation of civil rights was dismissed earlier this year. The defense successfully argued that doctors weren’t aware when they decided to perform surgery that they may have violated the child’s civil rights.

 Filing Medical Malpractice Actions in South Carolina

 Under South Carolina law, medical malpractice means doing or failing to do something that a reasonably prudent health care provider or institution would or would not do under similar circumstances. Before they file a suit, parties are required to participate in mediation. They may also agree to participate in other forms of alternative dispute resolution such as binding arbitration, nonbinding arbitration, or early neutral evaluation. However, parties should seek the assistance of an attorney prior to entering into an alternative dispute resolution process.

There are additional procedural rules that parties must follow when filing a medical malpractice lawsuit. Plaintiffs have to file a Notice of Intent to File Suit with an affidavit of an expert witness and a short and plain statement of the facts showing that the party filing is entitled to prevail. After the notice is filed, all the named parties may subpoena medical records and other documents potentially related to the medical practice and, if allowed by the court, may also take depositions. After ninety days, the parties are required to participate in a mediation conference; if no resolution is reached, then the civil action may commence in court.

 Types of Medical Malpractice Claims

 Generally, medical malpractice claims may be one of three categories

  • Diagnosis, where a medical professional fails to properly diagnose a condition.
  • Treatment, where a medical professional fails to administer a treatment or administers the wrong treatment.
  • Consent, where a medical professional fails to obtain informed consent before treating a patient.

In determining whether a medical mistake rises to the level of malpractice, courts look to the accepted standard of care and whether the medical professional deviated from that. This standard of care is based on the degree of skill and care that an average medical professional with similar education and qualifications would have provided to a patient with similar circumstances and symptoms.

If you or a loved one has been injured by a medical professional’s failure to provide proper diagnosis or treatment, or subjected to a treatment without obtaining consent, the medical malpractice attorneys at Bice Law, LLC can help you seek compensation for your injuries. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law:

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

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