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Wednesday, June 19, 2024
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A Kenyan loses case in Iowa Court of Appeals over botched circumcision

The Iowa Court of Appeals issued an opinion Wednesday affirming the verdict in a Story County trial regarding a botched circumcision.

According to the opinion, in 2009 Olive Mwangi filed a lawsuit against Kathleen Foster-Wendel and McFarland Clinic, saying the doctor committed malpractice when circumcising her son on June 26, 2001.

Wendel apparently noted a circumferential laceration following the procedure, which was repaired with six stitches but which left excess skin.

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The boy underwent a revision of the operation to remove the excess at age 7.

Mwangi later filed a lawsuit alleging that Foster-Wendel was negligent in performing the original surgery. The matter went to a jury trial on Oct. 12, 2010, with the jury ultimately finding for the defendants.

Mwangi appealed the decision, saying the district court should have issued a directed verdict and asked for a new trial. The district court ruled against her, saying there was conflicting expert testimony in the case.

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The appeals court affirmed the decision, saying it was not the trial court’s role to determine whether or not Foster-Wendel violated the standard of care owed to Mwangi’s son.

Source: http://www.amestrib.com/articles/2011/12/22/ames_tribune/news/doc4ef347b91d16d471085286.txt

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