Cooper Law Firm
Quality, Affordable Legal Guidance
Se habla EspaƱol

Parents sue hospital after unnecessary surgery on their child

Commonly, an injury at birth occurs when a medical professional fails to respond to some concern during a pregnancy or during the delivery. Maryland families are keenly aware of such injuries, but on rare occasions, a birth injury can result from an action taken by medical staff after the birth and even after the newborn has suffered no noticeable harm. Parents of an intersex child are suing a hospital after their child's genitals were removed, claiming that the surgery was medically unnecessary and violated their child's constitutional rights.

The South Carolina couple is suing the Medical University of South Carolina and the Greenville Hospital System alleging that they committed medical malpractice and are liable for gross negligence. When the child was 16 months old, doctors determined that the child should be a girl. However, the child is now 8 years old and chooses to identify as a boy. At the time of the surgery, the child was in the custody of the state and was later adopted by the couple. The couple was fully aware of the child's condition at the time of the adoption.

The couple claims the surgery was an act of mutilation on the child and a violation of the child's constitutional rights. Due process requires notice and a hearing, neither of which were given in this case to determine if the surgery would be in the best interest of the child.

If a court determines that the infant suffered harm due to the negligence of the hospital, the child could be compensated for the injury suffered. In cases such as these, the compensation or damages will typically go to the child, but parents can receive compensation for emotional distress in some situations.

Source: US News & World Report, "Parents of Intersex Child Sue Over 'Unnecessary' Surgery," Steven Nelson, May 14, 2013

No Comments

Leave a comment
Comment Information

Contact Cooper Law Firm Today A Diverse Professional Legal Team, Always Accessible to You. Call 866-405-0124.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response
  • Maryland Association for Justice
  • Bar Association of Montgomery County, MD
  • PGCBA | Prince George's County Bar Association | Over a century of service
  • MSBA | Maryland State Bar Association, Inc.

office location

Cooper Law Firm
8720 Georgia Avenue, Suite 701
Silver Spring, MD 20910

Toll Free: 866-405-0124
Phone: 301-587-9170
Fax: 301-589-1585
Silver Spring Law Office Map