Philip Seaton and his wife argue in the lawsuit that Dr. John Patterson did not have consent to amputate when he found a cancer during the procedure, WLKY-TV, Louisville, Ky., reported Thursday.

"Sometimes you have an emergency and you have to do this, but he could very easily closed him up and said, 'Here are your options. You have cancer,' and the family would have said, 'We want a second opinion. This is a big deal,'" said Kevin George, an attorney for Seaton.

The suit also names Dr. Oliver James, who administered anesthesia, and Commonwealth Urology, PSC. Seaton claims he did not consent to being administered general anesthesia.

The lawsuit said Seaton has suffered mental anguish, pain and has lost the enjoyment of life as a result of the amputation.