NEWS
By ANTHONY KARANJA Nation Correspondent
Posted Wednesday, December 28 2011 at 19:39
Posted Wednesday, December 28 2011 at 19:39
DALLAS, Wednesday
A Kenyan woman has lost an appeal against a US doctor whom she claimed was negligent when circumcising her son.
Ms Olive Mwangi had lodged an appeal at the Iowa Court of Appeals against a decision issued last year by a lower court, which ruled in favour of the doctor.
Ms Mwangi had filed a lawsuit in 2009 against Dr Kathleen Foster-Wendel and McFarland Clinic, saying, the doctor committed malpractice when circumcising her son on June 27, 2001.
Dr Foster-Wendel circumcised the boy a day after he was born. Circumcisions in the US are usually performed on newborns — a day to three days after birth.
Following the procedure, the doctor found a circumferential laceration, which was repaired with six sutures. Excess foreskin remained after the circumcision.
At age seven, the boy underwent a revision of the circumcision to remove the excess foreskin.
Ms Mwangi filed the suit on behalf of herself and her son. She was, however, dismissed as a plaintiff and her son’s claim went forward.
She appealed the decision arguing that the court should have issued a directed verdict and asked for a new trial.
The district court dismissed her appeal citing credible expert witnesses.
Dr Richard Mersch, a paediatrician, testified that a minor laceration would not prevent a patient’s male sexual organ from achieving
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