On July 2, a couple hoping to improve their intimate life filed an amended lawsuit against the Advanced Urology Institute headquartered in Oxford, Florida.
The institute maintains 37 clinics located throughout the state providing various urological healthcare services, including prostate cancer. It claims to be the state’s largest urological practice.
Dr. James Mark Zachary, M.D., 66, a board-certified urologist with the institute’s Safety Harbor clinic is a co-defendant in the case.
In 2007, Dr. Zachary was fined $10,000 by the Florida Board of Medicine for allowing an unlicensed employee to perform medical procedures. According to the settlement, the address where Zachary was practicing at the time is a current practice location of Advanced Urology Institute.
The couple sought Dr. Zachary’s help to correct the man’s genitalia issue called “ventral (downward) curvature.” It was performed on February 24, 2020.
According to the lawsuit, Dr. Zachary completed the surgery, referred to as a “penal plication surgery,” indicating it had gone well, but also informing the patient that he had “tipped him up a little bit.”
Zachary is accused of “over-correction” and failing to obtain the patient’s consent prior to producing “tipping up” results, as well as “failing to recognize the over-correction.”
The male patient continues to struggle with pain, as well as added difficulty in performing intimate relations. He also suffers distress from the shorting of his genitalia.
The lawsuit alleges that Dr. Zachary deviated from “reasonable and appropriate standards of care” on multiple occasions, including the failure to maintain a “sufficient operative record of the penal plication procedure, including but not limited to, failing to note how many sutures he used.”
The male plaintiff, in this case, has needed medical and nursing care and treatment, according to the suit, and continues to experience pain and disability, as well as severe mental and emotional distress.
He is also dissatisfied with Dr. Zachary’s alleged disregard to inform him of alternative corrective options that were available and neglecting to inform him of the penal plication surgery’s substantial risks.
The lawsuit demands a trial by jury. The plaintiffs’ attorneys are Nicole M. Ziegler, Wesley T. Straw, and Matthew D. Emerson of Emerson Straw PL, St. Petersburg.
Melissa Cody, legal assistant to attorney Ziegler responded to an inquiry from The Free Press. She replied, “The attorney cannot give too much comment at this stage of the litigation…Ms. Ziegler would be happy to speak with you in the future as facts develop.”
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