September 4, 2009 - Miami Man Sues Doctor Over Loss of Penis

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A Miami-Dade man who underwent penile implant surgery to treat his erectile dysfunction wound up with an infection that cost him his penis, and has filed a malpractice suit against the urologist who performed the surgery.

A lawyer representing Enrique Milla, 62, filed the negligence suit Monday in Miami-Dade Circuit Court, accusing Milla's doctor of performing the procedure without considering the risk posed by the patient's advanced diabetes.

"I can tell you that had Mr. Milla known there was the slightest chance he would lose his penis during the surgery, he wouldn't have taken that risk," said Milla's lawyer.

After the August 2007 procedure, Milla contracted an infection that led to gangrene. After several surgeries, most of his penis was removed.

The doctor who performed the surgery, Paul Perito, practices in Coral Gables and is considered a leading practitioner of penile implant surgery, said his lawyer.

"Dr. Perito has performed this procedure countless times," his lawyer said. The doctor's website refers to the surgery as "The Perito Penile Implant: A minimally invasive technique for penile implantation." The site also states Perito has performed more than 2,000 penile implants.

"The leading authorities will tell you it is appropriate to perform the procedure on people with diabetes," said Perito's attorney. "To suggest otherwise is a disservice to other people" who might be dissuaded from undergoing the procedure to treat their dysfunction.

But Aronfeld said uncontrolled diabetes is the leading reason to advise against penile implant surgery, something he said Perito should have known. Now Milla cannot have sex, has to sit down to urinate, and is ashamed to look at himself in a mirror, Milla's attorney said.

Milla's wife, Gloria, 64, is a co-plaintiff in the suit. The couple went to Peru to visit family in anticipation of the legal action, Aronfeld said.

According to public records, Perito has faced legal troubles in the past. His license was briefly suspended in 2004 amid state charges he sold mislabeled pharmaceuticals, including cancer and AIDS drugs. The majority of those charges were later dropped.

The Gary Doehling Personal Injury Law Firm, P.C. handles the following types of cases: Automobile Accidents, Oil Field Accidents, Spinal Cord Injuries, Wrongful Death, Nursing Home Negligence, Cerebral Palsy, Traumatic Brain Injuries, Lead Paint Exposure, Toxic Molds, Medical Malpractice, Insurance Bad Faith Claims, Airplane Accidents, Dog Bites, Drunk Drivers, Large Truck Accidents, Motorcycle Accidents, School Bus Accidents, and Slip & Fall Accidents.