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A Kentucky man lost his bid Friday to force a doctor to pay damages for removing a cancer-riddled section of his penis during what was scheduled to be a simple circumcision.

The Kentucky Court of Appeals found that a jury correctly concluded that 66-year-old Phillip Seaton of Waddy consented to allow Dr. John Patterson to perform any procedure deemed necessary during the Oct. 19, 2007, surgery.

Patterson, a Kentucky-based urologist, maintains he found cancer in the man's penis during surgery and that it had to be removed. The patient claims the surgery was supposed to be a circumcision and he never authorized the amputation, nor was he given a chance to seek a second opinion.

"Additionally, there is uncontroverted testimony in the record that if Mr. Seaton were not treated for the penile cancer, it would prove fatal in the future," Judge Janet Stumbo wrote for the court.

Judge Michael Caperton dissented, but did not issue a written opinion.

Seaton and his wife, Deborah, sued Patterson, a Kentucky-based urologist, in Shelby County Circuit Court in 2008. Seaton, now in his 60s, was having the procedure to better treat inflammation. The Seatons also sued Jewish Hospital, where the surgery took place. The hospital settled with the couple for an undisclosed amount.


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