This seminal paper represents 6 years of painstaking legal and medical research, representing the most comprehensive analysis of the scope and sweep of the fraud of Circumcision.
IS CIRCUMCISION A FRAUD?
Peter W. Adler, Robert Van Howe, Travis Wisdom & Felix Daase
This Article suggests that non-therapeutic male circumcision or male genital cutting (MGC), the irreversible removal of the foreskin from the penises of healthy boys, is not only unlawful in the United States but also fraudulent. As a German court held in 2012 before its ruling was effectively overturned by a special statute under political pressure, circumcision for religious or non-medical reasons is harmful, violates the child’s rights to bodily integrity and self-determination (which supersedes competing parental rights), and constitutes criminal assault.
MGC also violates the child’s rights under U.S. law, and it constitutes a battery, a tort and a crime, and statutory child abuse. Building upon a 2016 case in the United Kingdom, we make the novel suggestion that when performed by a physician, MGC is a breach of trust or fiduciary duty, and hence constructive fraud, where courts impute fraud even if intent to defraud is absent. We reprise and build upon the argument that it is unlawful and Medicaid fraud for physicians and hospitals to bill Medicaid for unnecessary genital surgery. Finally, we suggest that MGC constitutes intentional fraud by the American Academy of Pediatrics (AAP) and most physicians who perform circumcisions in the United States. They have long portrayed MGC as medicine when it is violence, and as a parental right when males have the right to keep their penile foreskin, and physicians are not allowed to take orders from parents to perform unnecessary genital surgery on children. Various aspects of potential litigation would be favorable to the plaintiffs. Hence, we conclude that MGC exposes physicians, hospitals, and the AAP to large and possibly uninsured liability…..