Infant Gender Surgery Spurs Medical Malpractice Lawsuit

Parents of a South Carolina boy who had his penis surgically removed as an infant have filed a medical malpractice lawsuit against the hospital and the state’s child welfare agency. Mark and Pam Crawford filed the medical malpractice lawsuit on behalf of their son, M.C. The boy was born with both male and female organs, a condition known as “intersex.” The case is expected to raise many questions about how medical professionals handle issues of gender, especially in a traditionally conservative state.

Intersex Condition Prompts Medical Malpractice Lawsuit

According to a study from the World Health Organization, one in every 2,000 infants shows some signs of genitals that are “visibly intersex,” or show signs of both male and female organs. The condition that prompted the medical malpractice lawsuit occurs in one of every 83,000 live births. The condition, known as ovotesticular disorder of sexual development, exhibits itself by the infant possessing both male and female reproductive organs.

Details of the Medical Malpractice Lawsuit

The Crawfords allege that the surgeons performed unnecessary surgery on the sixteen-month-old M.C. The medical malpractice lawsuit states that “no medical necessity” justified to removal of the male reproductive tissues. The Crawfords’ medical malpractice lawsuit also alleges that the organs were “surgically removed for no medical reason.” The suit also names the state’s Department of Social Services as a defendant. The Crawfords adopted M.C. after the surgery, believing him to be female. At a young age, M.C began identifying as a boy. His parents complied, despite his lack of male organs.

Impact of Medical Malpractice Lawsuit

Although some hospitals around the country have dealt with similar medical malpractice lawsuits, the Crawfords’ case may be one of the first of these cases to see a jury trial. Mrs. Crawford told local reporters that the couple wants a trial “so some change is made” in how children like M.C are treated. The couple had filed a federal suit, alleging that the surgery violated the child’s civil rights, but the case was dismissed after the hospital’s attorneys showed that the surgeons were not aware of such rights.

Medical Malpractice Lawsuit Seeks Future Care Costs

Among the damages the Crawfords are seeking in their medical malpractice lawsuit is the cost of future care for their son. The child, now ten years old, will soon face the challenges of puberty. Mrs. Crawford stated that the couple monitors the boy’s hormone levels and will ask for compensation for future hormone treatments for M.C. to get through puberty. The medical malpractice lawsuit is expected to go before a jury sometime in mid-November.

Source: Charleston Post and Courier

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