Man with Amputated Penis Sues for Medical Malpractice

A former Florida man who had his penis amputated is suing for medical malpractice.

Enrique Milla claims he went to doctors for elective penile implant surgery. The procedure was to correct his erectile dysfunction, NBC Miami reports. But it took a turn for the worse and his penis was removed. He accuses the anesthesiologist, Dr. Laurentiu Boeru, of failing to postpone the surgery.

So how and why did his penis end up getting cut off?

Milla contracted gangrene after his procedure was complete. His doctors had to amputate his penis to save his life, The Miami Herald reports.

Medical malpractice lawsuits are based on allegations of negligence. In essence, a patient is alleging that a doctor failed to act reasonably. And because of it, the patient was either misdiagnosed or mistreated, resulting in injury.

In cases of negligent surgery, usually the physician performing the operation is held liable. But the hospital and any staff involved can be, as well.

Milla alleges Boeru was negligent in clearing him for surgery. He claims Boeru should've recognized his pre-existing medical conditions made surgery risky. While Boeru was just the anesthesiologist, if part of his medical duties was to determine a patient's fitness for surgery, he could be liable.

Milla's attorney claims his client's diabetes and high blood pressure were clear signs that the procedure shouldn't have gone forward.

On the other hand, Boeru's lawyer called Milla's amputation a case of "bad luck" and "filing frivolous lawsuits" wouldn't change it.

Milla already settled a 2009 lawsuit against the urologist who performed the surgery that led to his amputated penis. The plaintiff is set to testify in his medical malpractice suit over the Internet. He was deported to Peru last year.

Related Resources:

• Man Sue Anesthesiologist for Medical Malpractice (WSVN)
• Dr. Who Cut Off KY Man's Penis Cleared by Jury (FindLaw's Injured)
• Medical Malpractice Guide (FindLaw)