June 14, 2013

162017_132140396847214_292624_nA medical malpractice trial is underway in Delaware against a Wilmington urologist by his former patient who clams that the urologist’s medical negligence in performing his penile implant surgery caused him to have an erection that lasted 8 months. The three-piece inflatable penile implant consisting of inflatable cylinders inside the shaft of the penis, a fluid reservoir under the abdominal wall, and a pump inside the scrotum was implanted in the 44-year-old diabetic truck driver from Newark, Delaware in December 2009.

The urologist’s medical malpractice attorney told the medical malpractice jury in his opening statement on June 10, 2013 that bad outcomes are a known risk of penile implant surgery even when medical malpractice has not occurred and that the man should have realized that there was a problem with his surgery when his scrotum swelled to the size of a volleyball four months after the procedure but did not report the problem to the urologist until the following April.

The man alleges that the urologist warned him that he may experience inflammation after the procedure and he thought that the swelling was to be expected. The urologist maintains that the patient came to him after the surgery with an infection and complaining of his constant erection, at which time the urologist advised him that the implant needed to be removed but the man did not return for the implant removal surgery. The man claims that he lost his health insurance before the removal surgery could be performed and that the urologist demanded that he pay $10,000.00 before the surgery would be scheduled (the urologist denies that he demanded pre-payment for the second surgery).

The man complained that his constant erection caused him difficulty riding his motorcycle, getting the newspaper at his home in the mornings, and affecting him in his other daily activities. Earlier this week during trial, the man testified, “I could hardly dance, with an erection poking my partner. It’s not something you want to bring out at parties and show to friends.”

When the man’s penile implant punctured his scrotum during a family trip, the implant was finally removed in August 2010. A different surgeon performed surgery to replace the implant that resulted in reduction in his penis size by 50% due to scar tissue from the first implant surgery, and also resulted in decrease in sensation.


While some may smirk when they read about a medical malpractice lawsuit involving a man’s 8-month erection after penile implant surgery, a serious consideration of the effects on the man’s life would likely result in an understanding of how serious and debilitating the unanticipated result would be — not just the embarrassment factor but the limitations on daily activities imposed by the injury.

If medical malpractice has caused you or a family member to suffer serious injuries or other significant harms, you should promptly seek the advice of a local medical malpractice attorney in your U.S. state who may agree to investigate your medical malpractice claim for you and represent you in a medical malpractice lawsuit, if appropriate.

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