Man Sues over Amputated Penis

Phillip Seaton, 61, went into hospital for a circumcision. When he awoke after surgery he found that his penis had been cut off. He and his wife, Deborah, have filed a lawsuit seeking unspecified compensation and also unspecified punitive damages for the removal of his penis. They claim that the penis was amputated without consulting either Phillip or Deborah Seaton, or giving them an opportunity to seek a second opinion. See the TV coverage here.

Being sued are:

• Dr. John M. Patterson, who performed the surgery


• Commonwealth Urology, where the procedure took place


• Dr. Oliver James – Anaesthesiologist for use of general anaesthesia, when Seaton had specifically asked for it not to be administered.

In the lawsuit, filed in Kentucky State Court, the couple claim "loss of service, love and affection." Phillip Seaton claims he has suffered mental anguish, pain, and has lost the enjoyment of life. The lawsuit states that Dr. Patterson received consent to perform a circumcision and only a circumcision, and that Seaton did not consent to his penis being removed.

The Seaton's lawyer, Kevin George, said Dr. Patterson amputated the organ after finding cancer, but he only had consent to remove the foreskin.

"Sometimes you have an emergency and you have to do this, but he could very easily closed him up and said, 'Here are your options. You have cancer,' and the family would have said, 'We want a second opinion. This is a big deal,'" George said.

Dr. Patterson's attorney, Clay Robinson, of Lexington said the procedure was ‘medically necessary’ and authorized by the patient. He said Dr. Patterson performed the surgery because the patient, 61-year-old Phillip Seaton, had cancer and had already given permission to perform any medical procedure deemed necessary. The doctor's post-surgical notes show the doctor thought he detected cancer and removed the penis. Attorney Kevin George said a later test did detect cancer.

The Seatons' suit is similar to one in which an Indianapolis man was awarded more than $2.3 million in damages after he claimed his penis and left testicle were removed without his consent during surgery for an infection in 1997.