ABC News, September 15, 2010

Eight days after her son was born and was still being cared for in the neonatal intensive care unit, Vera Delgado went home briefly to take a shower and change her clothes.

When she came back to South Miami Hospital, she found her baby, Mario Viera, had been circumcised - by mistake.

Now, Delgado is suing the hospital, not for a medical mistake, but for assault and battery on her newborn. She is asking for $1 million for the "deformity" the circumcision caused.

"This is not medical malpractice," said her lawyer, Spencer Aronfeld. "We are suing for battery, an unauthorized assault on this baby. They took a knife to him without his parent's permission."

"The baby was in neonatal intensive care with complications from a birth-related infection," said her lawyer. "They took the baby out and amputated healthy tissue from the penis in an irreversible procedure."

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