BRETT BARROUQUERE
Associated Press
LOUISVILLE, Ky. (AP) - A Kentucky man lost his bid
Friday to force a doctor to pay damages for removing a cancer-riddled section
of his penis during what was scheduled to be a simple circumcision.
The Kentucky Court of Appeals found
that a jury correctly concluded that 66-year-old Phillip Seaton of Waddy
consented to allow Dr. John Patterson to perform any procedure deemed necessary
during the Oct. 19, 2007, surgery.
Patterson, a Kentucky-based
urologist, maintains he found cancer in the man's penis during surgery and that
it had to be removed. The patient claims the surgery was supposed to be a
circumcision and he never authorized the amputation, nor was he given a chance
to seek a second opinion.
"Additionally, there is
uncontroverted testimony in the record that if Mr. Seaton were not treated for
the penile cancer, it would prove fatal in the future," Judge Janet Stumbo
wrote for the court.
Judge Michael Caperton dissented,
but did not issue a written opinion.
Seaton and his wife, Deborah, sued Patterson,
a Kentucky-based urologist, in Shelby County Circuit Court in 2008. Seaton, now
in his 60s, was having the procedure to better treat inflammation. The Seatons
also sued Jewish Hospital, where the surgery took place. The hospital settled
with the couple for an undisclosed amount.
Both sides agree that Seaton had
squamous cell carcinoma, a type of skin cancer, in his penis. Patterson
concluded that a tumor had overtaken much of the top of the organ, which made
it impossible to insert a catheter.
"He also opined that serious
complications and additional surgery could result if he did not insert the
catheter," Stumbo wrote.
The main point of contention is
whether Patterson acted reasonably in removing the organ immediately or if
amputation could have been delayed to let Seaton seek other medical options.
Stumbo and Judge Donna Dixon
concluded that, even though Seaton had limited ability to read and write, he
never informed the doctor of that fact and signed the consent form in the
presence of a witness. The Seatons claimed that the waiver didn't give
Patterson authority to conduct an amputation without further consent.
"They maintain that no harm
would have resulted if Dr. Patterson has consulted with either of them before
proceeding, or if he had allowed them to consult with another physician to get
a second opinion or other treatment options," Stumbo wrote.
Stumbo wrote that Patterson acted
properly because the tumor had consumed such a large section of the organ.
"For this reason alone, the
resection of the tumor was 'necessary and proper' in the context of inserting a
catheter," Stumbo wrote.
Clay Robinson, the Lexington-based
attorney for Patterson, and Kevin George of Louisville, the attorney for Seaton, did not
immediately return messages seeking comment.
(Copyright 2012 The Associated
Press. All rights reserved. This material may not be published, broadcast,
rewritten or redistributed.)
