As a medical professional, without knowing all the details, I can't see anyway the doctor isn't liable, and you could make an argument that he should be arrested for battery. There's no way that a consent for a circumcision would contain language to allow for the removal of the penis. And there's no way this was an emergency.
Not necessarily true, but I do not know the details.
This MD could have possibly done a better job documenting the severity of the situation. I have managed situations similar to this. In a non-circumcised man, most penile cancer occur on the glans (head) or the foreskin. These tumors can be nasty and obscured by a tight foreskin that cannot be retracted (hiding the lesion until the time a circumcision has been performed). Some of these lesions can become obstructing causing urinary retention (which would make it an emergency). Partial penile amputation vs complete penile amputation are often necessary when nasty penile lesions are encountered.
I have personally been called into a case where a rectal mass was found to be invading the prostate/bladder. This was not appreciated by the colorectal surgeon until the time of the procedure. In this instance I did not have a chance to discuss anything with the already asleep patient. I went out to the waiting room and discussed the situation with his girlfriend (no family was present or remotely in the picture). We took his bladder and prostate out thereby committing to a life of wearing a bag for his urine. Once the patient recovered, he was extremely thankful that we proceeded the way we did (instead of waking him up, asking him his opinion, and repeating his surgical procedure).
FWIW I documented the shite out of the situation so there was no ambiguity as to my rationale and the difficulty the situation presented. Anytime I encounter bad situations that require cutting off someone genitals (google Fourniers gangrene and images.) I make sure that the medical record reflects the severity of how nasty things are.
Summary: there is stuff out there bad enough to have your junk cut off justifiably if the shite is hitting the fan...
This post was edited on 9/11 at 9:46 pm