Man sues anesthesiologist for medical malpractice

MIAMI (WSVN) -- A former South Florida resident is claiming a doctor made a costly mistake during his surgery, and now he wants the physician to pay up.

Enrique Milla's attorney, Spencer Aronfeld, is arguing that doctors overlooked his client's pre-existing medical conditions, which resulted in Milla having no more external male genitalia.

According to Aronfeld, Milla should have never been allowed to undergo an elective penile implant surgery to treat erectile dysfunction back in August 2007.

The anesthesiologist involved in the surgery, Dr. Boeru, should have never allowed the surgery, Aronfeld said, because Milla had an extreme case of diabetes and high blood pressure, and his blood sugar levels were way too high on the day of his surgery. "Why we're here is because Dr. Boeru, I believe the evidence in this case will show, failed to evaluate properly the risks of this procedure for this patient on that day," said Aronfeld.

Milla's attorney said the anesthesiologist in the case was simply looking to make a profit. "He put his profit over the safety of the patient because not only did Dr. Boeru provide the anesthesia care in the surgery, he cleared him for the surgery," Aronfeld said. "And guess who owned the anesthesia company that the anesthesiologist worked for that provided the anesthesia care for that surgery? Dr. Boeru."

Following the surgery, Milla developed a severe gangrene infection and had to have his penis amputated.

Aronfeld said his client's way of life has been severely altered. He can no longer go to the bathroom like a normal man, and he cannot have sexual relations with his wife. The attorney also claims his client has been left humiliated.

However, Boeru's attorney argued that his client was not Milla's surgeon, and simply cleared Milla for surgery and applied the anesthesia. However, Boeru was not responsible for any post-operative follow-ups, his attorney said. "Dr. Boeru doesn't follow the patient, so what is the suggestion? Because Dr. Boeru took care of him in the hospital, he's somehow has taken on the role of his treating doctor, like after the hospital? And weeks, months, years down the road? Really?" said defense attorney Jay Chimpoulis.

Since the surgery, Milla and his wife Gloria were deported back to Peru. They were not physically present at Wednesday morning's court proceedings, but they have been available throughout the day via Skype.

Boeru is now on the stand, testifying that he was not responsible for Milla losing his male genitals.

Milla is expected to testify via video from Peru on Thursday.

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