A Texas Court of Appeals has determined there is enough evidence for a 39-year-old plaintiff to pursue a medical malpractice case against a doctor who allegedly failed to save his testicle and later told the man the removal was no “big deal” because he wouldn’t be having any children at that age.

Heriberto Martinez-Gonzalez sought emergency care at Elite Care Emergency Center in Lewisville and Dr. Harvey Castro for abdominal and flank pain which was later diagnosed at Dallas’ Parkland Memorial Hospital as a torsed testicle.