Man whose penis was cut off loses suit against surgeon

Deborah and Phillip Seaton of Waddy, Ky., sit at their trial, August 18, 2011.

/ AP

(CBS/AP) First Phillip Seaton lost his penis. Now the 64-year-old truck driver has lost his case against the surgeon who "took his manhood."

A Kentucky jury returned with a verdict Wednesday against Seaton, who sued his urologist claiming the doctor amputated his penis without consent. Seaton had been seeking up to $16 million in damages for "loss of service, love and affection."

The jury ruled unanimously against the claim that Dr. John Patterson of Frankfort had failed to exercise proper care.

Seaton's attorney, Kevin George, said he planned to appeal the ruling on the grounds that a doctor can change a consent for surgery only if there is a danger of imminent death.

"There was no emergency, no reason to do it," George said of the amputation.

One urologist who testified for Seaton agreed.

"I couldn't identify any emergency situation that dictated an amputation," said Dr. David Benson, who added such a procedure was "psychologically debilitating."

Another urologist, Dr. William Monnig, testified that taking the time to consult with the family would have given the potentially lethal cancer time to spread.

Penile cancer strikes more than 1,300 men per year, killing 300. Uncircumcised men who fail to keep the area under their foreskin clean are at a higher risk. So are men with a history of genital warts.

Besides surgery, chemotherapy and radiation are potential treatments. Surgical options include a partial or total penectomy. In these cases, doctors create a new opening that allows urine to pass through the body.

How can men cut their risk of developing penile cancer? Circumcision, good personal hygiene if uncircumcised, and safe sex practices that reduce the risk of catching HPV.

The National Cancer Institute has more on penile cancer.

[ddaryl1]

ridiculous.

the guy should of been given the opportunity to get a 2nd opinion or decide if he wanted to use his ***** one more time.

No surgeon should ever have that right to make that judgment call in a non immediately fatal condition.

This judgement is BS

[erasmus111]

by ddaryl1 August 25, 2011 1:23 PM EDT
ridiculous.

the guy should of been given the opportunity to get a 2nd opinion or decide if he wanted to use his ***** one more time.


Hmmmmm, I don't think I'd be wanting him to use his diseased, infected p enis on me, "one more time". : )

The doctor did have the right to make that decision. It would have been on those papers that the idiot signed without reading. I'm quite sure that the doctor did what was necessary. He's not going to knowingly open himself up for a lawsuit.

Do you know how dangerous it is to just be put to sleep? VERY. There are thousands of people that just don't wake up. When you get older, they don't like putting you to sleep, if they can help it. The fact that this guy was put to sleep for a circumcision, that says a lot. Now, unless there was a question about whether or not his p enis should be amputated, the doctor isn't going to wake him up to discuss it. He's not going to want to put him to sleep again.

Do you know that it takes 6 months to a year to recover from the anesthesia, alone?

[rf35]

To piggyback on erasmus, the fact that Seaton was put under for this indicates that more than a circumcision was planned from the start. I recall reading that a biopsy was also being conducted on the surrounding tissue. It seems that the doctor anticipated that more radical steps might be necessary. He doubtlessly discussed these with Seaton. It's not the doctor's fault if the hayseed signed a paper indicating that he understood when he apparently didn't.

[nomorelibs]

Yesterday, the article stated that it would most likely would have been amputated in the very near future. The patient knew this. Doctors just don't lop off body parts without good reason. They save lives. What's the difference if he loses it this week or next? It's obvious he is not having any more children. He's just trying to get paid. That's the American way. Damned if you do, damned if you don't.

[ManofThour]

The difference is that within that week he could've went out and had lots of sex one last time.

[credibility2]

I wonder if this guy sought a second opinion on the matter before surgery. The fact the another specialist during the trial placed doubt about the need for this is interesting. The guy could appeal, but that would be costly. Wonder, too, if this doctor has ever been sued by his other patients.

[Beast1369]

You feel sorry for the guy and all that but remember that he did sign a consent form and we dont know what the doctor told him in advance. I agree with the people who say he was probably told what was told what to expect and maybe even that there was a slight chance of all kinds of other stuff. So as once said - It sucks to be him but it could be worse.
I dont agree with the people who say it was a plan but it doesn't surprise me that once the surgery was over the lawsuit began. Some people look at everything as a reason to sue. But then there are people who when wronged deserver something....

[kbrum1066]

Talk about a catch 22... if the surgeon left it on and the cancer had spread, he would have been sued for neglect and doing what he resulted in getting sued.
I really am not sure that another hour taken to consult with the man's family could NOT have taken place without fatality, but I am equally sure that there are probably additional issues involved that we do not really know about that the jury was informed of. Just as I am sure that the means of prevention was well within the plaintiff's capability.

[DenverBroncofan]

That was my comment yesterday...Looks like he would have been sued either way

[karek40]

There are only a few things I can think of that would cause me to take another's life. I think this is one of them.

[PourpaixPourpaix]

Next time one of these clowns wants you to sign a consent form, print on it that you do not consent to any other procedure unless your condition changes such that you're in imminent, immediate danger and none of your family is available for consultation. Some guy exploring with a catheter cannot possibly find cancer so immediately dangerous that you cannot wake the guy up first or consult his family. It must have been something on the consent form that gave the doctor permission, or a jury wouldn't unanimously decide on the doctor's behalf.

[Drivelphobe001]

But there were other patients waiting for surgery and there wasn't time to fuss around with small details. Besides, the form was signed and sound medical procedure was implemented. A doctor's time is valuable. Look at his wife's optimistic gaze at the thought of their share of the $16 million.

[John782011]

Earlier articles said he was already getting it partially removed.

[rwsmith29456]

His wife isn't bad looking. Any volunteers? I can joke because I lost the use of mine way younger than he did. It is too bad if he was still using it, though.

[mac82059]

Wow, he got the shaft after losing it....

[CarolStrick]

"Penile cancer strikes more than 1,3000 men per year...." Is that 1300 or 13,000?

[voxpopulus]

It's 1,300. In the US a man's lifetime chance of contracting it is about 1 per 100,000 per year. In the UK, which does not circumcise, it's about the same.

[boiler_tech]

Maybe it's 1.3