December 28, 2011
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.
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.
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.