Motion to Dismiss filed in Alabama penis amputation case


ALABAMA, July 30, 2014—The lawyer for two Alabama doctors filed a motion Tuesday to dismiss a lawsuit accusing them of amputating a man’s penis when he had gone into surgery for a routine circumcision.

The motion states that the claims of penile amputation are false and that Dr. Alan Aikens and Dr. Michael Bivins never performed a circumcision or any tissue removal from the plaintiff’s penis.

Johnny Lee Banks, Jr. filed his lawsuit on July 22, 2014, accusing the medical group of malpractice, negligence and other wrongdoings.

The lawsuit claims that he went into Princeton Baptist Medical Center last month for a circumcision, but when he awoke after surgery, his penis was gone.

Banks has accused the doctors of never warning him that amputation was a possibility of the procedure.

Johnny Lee Banks and his wife, Zelda, are seeking an unspecified amount of money with their complaint.

“We intend to defend all counts aggressively,” said a statement from Baptist Health System Inc., which operates the hospital in Birmingham.

The suit states that Bivins was treating Banks for the condition that led to the circumcision, and Aikens performed the procedure.

Banks was never informed of what caused the doctors to change the surgery from a circumcision to an amputation according to the complaint.

A similar lawsuit went to court in a Kentucky court in 2011.

In that case, the jury ruled against the truck driver who claimed that doctors had amputated his penis without his consent.

The jurors unanimously ruled against the claim when they were told that during the surgery the doctors found a potentially deadly cancer and therefore decided to amputate part of the organ.

The doctor in the Kentucky case testified that when he saw what looked like a cancer, he removed less than an inch of the penis, when a pathologist confirmed the cancer diagnosis, another doctor removed the rest of the penis.

In Alabama, Dr. Bivins’ affidavit said that he evaluated Banks in February 2014 for swelling to his genitals and performed a small slit that would allow him to insert a catheter to help him urinate. Bivins said he told Banks that he would likely need to undergo a circumcision at a later date, but Bivins said he did not perform the alleged procedure.

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