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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My partner (misguided and largely ignorant of the risks, of

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My partner (misguided and largely ignorant of the risks, of exactly what the procedure involved and the extent of after care) went behind my back and against my wishes to get our son circumcised. She found a doctor through a friend who, it seems, knew he'd do it with only one parent's consent. She immediately regretted it as soon as she saw the result. When I subsequently investigated how this was allowed to occur, I discovered that the administrative staff at the health centre involved seem unfamiliar with the legal procedure for consent for circumcision and that the consent form is not fit for purpose in that it does not include ANY of the potential risks inherent with this particular surgery and there is only space for one signature. It's a generic form, After gathering as much evidence as I could I then made a complaint to the practice manager and requested her advice as to the correct procedure and what my options were. However, I received no initial response until I followed this up with a more assertive e-mail at which point I received a very lame apology which also implied that I was at fault for 'not being available' for the second consent. I know for a fact that no attempt was made whatsoever to contact me. Having initially pointed out the illegality of the whole procedure and therefore the unlawful payment, I requested a refund to which she also agreed although it was suggested that this would be done if I waived their liability which I did not agree to. I had also requested evidence of a reform of their consent form and also provided them with a proper template for this. I also provided account details to facilitate this return of payment. This was over a month ago and I have yet to receive either a response or the repayment as promised. The original payment was in cash and this I discovered is how all payments for this particular surgery are paid for. This part, the receptionist IS very briefed up on. I strongly suspect this is a racket and that the income is not being declared and that the practice manager is either sympathetic or involved. The circumcisions are carried out early in the mornings three days of the week outside of NHS surgery hours but on the premises. And it seems to be routinely booked up for each coming week. At £175 a go for a 10 minute operation, it's a nice little earner. My main intention here, aside from compensation, is to get them to clean up their practice and honestly reform it. Could I get some advice as to what my options are now? I should also mention that my partner is at the end of her maternity allowance, Joseph is a twin and money is becoming a real problem right now. So I'd also like to know what the likelihood is of securing legal aid to pursue this matter further, as I'd like to do. Thank you. Paul Cocovinis
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Paul my name is ***** ***** I will help you with this.
Save for the paperwork etc, did the procedure go wrong, if so what happened as a result?
Customer: replied 1 year ago.

No it didn't go wrong. He was in a lot of pain for a couple of weeks though, as was I listening to him. I have very strong disagreements with the need for circumcision and had naively thought that my simply refusing consent would be sufficient. I researched it and one has to get a court order if trying to get it done alone without the other parent present or consenting. It can only be done privately as the NHS do not recognize it as a medically necessary procedure and in my opinion quite rightly so. This was and is clearly not a legality that concerns this particular GP or his manager. I think this needs reforming. I liken it to FGM and think it ought to be outlawed.

Expert:  Ash replied 1 year ago.
So had the correct forms been completed the outcome would have been the same?
What loss has been suffered please?
Customer: replied 1 year ago.

Had the correct form been used a) my partner would herself had become more informed of exactly what was involved with the procedure (something she wasn't prior) and quite possibly would have reconsidered having it done in the first place, and b) without the second signature it would not have legally been able to take place so would not have even occurred. So yes, the outcome would and should have been different, And my son would not have gone through enormous pain and discomfort for no reason and nor would he now be at the increased risk from the potential complications and sexual disadvantages that reportedly occur with a large percentage of males circumcised. Here's the model form I found which I sent to them. I can provide and image of the one they have been using. file:///C:/Users/home/Downloads/NOCIRC%20-%20Model%20Circumcision%20Informed%20Consent%20Form.htm

Expert:  Ash replied 1 year ago.
How long did he suffer for?
Customer: replied 1 year ago.

The immediate aftercare involved a nappy change every 2 hours and delicate clean with oils 2/3 times a day for around 2 weeks before it desensitized to the point where he didn't scream any more. .

Expert:  Ash replied 1 year ago.
I would suggest seeing a no win no fee Solicitor. Legal aid wont necessarily be available due to rule changes, however there are guidelines produced as to losses.
I can say where there is a complete recovery within 7 days the guideline is a few hundred pounds to £550
Where there is a recovery within 28 days it would be between £550 and £1100.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Ok, understood aside from what is meant by 'recovery'. Could you clarify please?

Expert:  Ash replied 1 year ago.
I asked about any injury and you said he was in pain for 2 weeks.
Therefore any prognosis is likely to be for this 2 week period.
Does that help?
Alex
Customer: replied 1 year ago.

Not really I'm afraid. My whole point with my query in the first place is that the surgery took place illegally and therefore the money paid for it was also procured fraudulently. My intention therefore is to secure a return of the monies and also to see a reform at this surgery as there is evidence that it is not being run ethically.

Expert:  Ash replied 1 year ago.
Ok. You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

Ok, this is more useful. Thank you. One more clarification: within 14 days of what? Now? Or when the surgery occurred? If It's the latter, what are my options then as this occurred back in January?

Expert:  Ash replied 1 year ago.
14 days of now, you need to give them a heads up you are going to take action.
Alex
Customer: replied 1 year ago.

Ok. I have already already done that, only I gave them 7 days. I needed to get genned in on exactly what options would then be available to me should this then be necessary. Those form refs/links would provide this. Thanks Alex.

Expert:  Ash replied 1 year ago.
Yes, the above sets out which forms etc to fill out.
Can I clarify anything else for you?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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