This case blurs the line between medical error and crime: Doc faces criminal charges after newborn circumcision death
Industry Buzz
I can’t see a situation where a provider that has been practicing for 60 years is injecting meperidine for a circumcision. My guess is shame and embarrassment is blocking his ability to say he could have used the wrong drug.
—@sleepystork via Reddit
Neonatal circumcisions are common and typically low risk. But a recent case out of Orange County, CA, is forcing the question: When does a complication cross the line into criminal liability?
An OB/GYN is now facing both a felony involuntary manslaughter charge and a civil wrongful death lawsuit after a newborn died following a circumcision performed in 2024. []
What happened
The physician, Hong-An Jan, MD, is accused of administering the wrong medication during the procedure—specifically, a synthetic opioid instead of a local anesthetic—to a 2-day-old newborn.
The newborn reportedly became lethargic and unresponsive shortly after the procedure and was later pronounced dead. Toxicology findings cited in coverage suggest opioid intoxication as a contributing factor.
Prosecutors have charged the physician with involuntary manslaughter, while the family has filed a civil lawsuit alleging wrongful death, medical malpractice, and fraud. Dr. Jan pleaded not guilty and is scheduled to appear in court on May 1 for a pretrial hearing.
This dual-track legal response—criminal and civil—is what makes the case especially notable.
Related: Family awarded $951 million in Utah's largest malpractice verdict everWhy this case is different
Medical malpractice cases rarely become criminal. For most physicians, adverse outcomes—even serious ones—are handled in civil court, not criminal court.
So why this one? Legal experts tend to look for a higher threshold: gross negligence, recklessness, or conduct that departs dramatically from standard care.
In this case, the allegations include:
Administering the wrong drug to a newborn
Failing to recognize or respond to signs of opioid toxicity
Reassuring parents without further evaluation or testing
“Jan only ‘looked’ at [Charles] and reassured [his parents] that these symptoms were ‘normal’ post-circumcision reactions and advised them to return home,” the lawsuit claims. “He did not take any blood samples or order any laboratory studies, even though he observed the symptoms … symptomatic of opiate substances.” []
Taken together, prosecutors appear to be arguing not only error but also criminal negligence.
“I don’t know about peds, but as a nurse who works with adults, I have given Demerol exactly one time in the past ten years, for a patient with intractable rigors. It’s otherwise strictly only given for post-op shivering in our PACU patients (and even then, very rarely). I kinda thought we’d all left Demerol behind?” said Reddit user and nurse @OkExtension9329 in r/medicine.
“I’ve seen similar in a hospital setting during a circumcision. The two drugs were stored side-by-side. The bottles had the same color markings. The provider picked up the wrong bottle. These small dose bottles all look the same. It is often systemic issues that allow this to happen. I can’t see a situation where a provider that has been practicing for 60 years is injecting meperidine for a circumcision. My guess is shame and embarrassment is blocking his ability to say he could have used the wrong drug,” added Reddit user and HCP @sleepystork in r/medicine.
The broader clinical context
Circumcision remains a legally permitted and widely performed procedure in the US, with recognized cultural, religious, and medical dimensions. But it is not risk free. Complications—while uncommon—can include []:
Bleeding
Infection
Injury to surrounding structures
Globally, regulators are increasingly scrutinizing when and how the procedure is performed. For example, recent guidance in the UK emphasizes that circumcision may become criminally actionable if performed in unsterile environments or by people falsely claiming medical qualifications. []
Where medicine meets the law
This case surfaces an issue that's easy to overlook: What patients don’t know at the point of care. Dr. Jan was allegedly allowed to continue practicing for roughly 2 years between the initial investigation and the eventual suspension of his license—time during which patients would have had no indication of the allegations.
That gap is where pressure is building. Patient safety advocates argue that when a physician is under investigation for serious harm—like a patient death—that information may be material to informed consent.
If that argument gains traction, cases like this won’t just redefine when medical error becomes criminal—they may also reshape what transparency looks like in everyday practice.