Kentucky jury rules in favor of doctor who amputated man’s penis without permission

By Dr. Ananya Mandal, MDAug 25 2011

A Kentucky doctor had amputated part of a truck driver's penis after finding cancer during what was expected to have been a routine circumcision surgery in 2007. The jury noted that he had acted in accordance this Wednesday.

Phillip Seaton, 64, had sought $16 million in damages against Dr. John Patterson for performing the partial amputation after he discovered a cancerous tumor on Seaton's penis during the surgery, which had been expected to uncover a fungal infection.

Jurors in Shelby County Circuit Court about 30 miles east of Louisville quickly reached a verdict in favor of Patterson, a Frankfort, Kentucky, doctor. The jury of six men and six women ruled unanimously against a claim that Patterson failed to exercise proper care. They also ruled 10-2 against a claim that Seaton hadn't consented to the amputation.

Seaton, from Mount Eden, Kentucky did not comment and his lawyer, Kevin George, said he planned to appeal. George said a surgeon cannot change the ‘agreed upon’ procedure “unless the patient's health is in immediate danger, unless he's in danger of dying immediately on the table.”

The court had heard the key question whether Patterson should have awakened Seaton and asked for permission to make the amputation. Doctors testifying as medical experts on both sides disagreed on whether an immediate amputation was necessary.

Clay Robinson, Patterson's attorney added, “We feel the interest of justice has been served… When you hear about someone going in for a circumcision and it turned into a partial amputation, there's going to be a reaction, but it was a pretty clear-cut case. There was no liability here.” Seaton signed a consent form for a routine circumcision. Within the signed forms, a disclaimer included language that recognized Patterson's right to perform any further surgery he deemed necessary if unforeseen conditions arose, Robinson said.

Partial penectomy, or a partial removal of the penis; Mohs surgery, a precise surgery used to remove several types of skin cancer; laser and radiation therapies were all options when treating penile cancer, said Dr. David Crawford, a professor of surgery at the University of Colorado Health Sciences Center. Because the surgeon said the cancer was so severe, Robinson told the courtroom that Patterson could treat it only by surgically removing the organ. Seaton also sued Louisville's Jewish Hospital, where the surgery was performed. The hospital settled out of court for an undisclosed amount.