Court to decide Monday on failed circumcision case
KUALA LUMPUR: The High Court here will decide next Monday on striking out an application filed by five out of the six defendants who are being sued over a botched circumcision procedure involving a then 10-year-old boy.
Lawyer Eliza Bakar, who represented the plaintiff, said if the application was unsuccessful, the case would go on full trial before Justice Nik Hasmat Nik Mohamad.
The boy, now 18, filed a suit against two government hospitals and four others for negligence.
The teenager, who suffered permanent disability after the circumcision went awry eight years ago, filed the lawsuit via his mother.
He named a medical assistant, a doctor at Kuala Lipis Hospital, the director of Kuala Lipis Hospital, a doctor at Selayang Hospital, the director of Selayang Hospital and the government as defendants.
All defendants filed an application to strike out the lawsuit.
However, the medical assistant later withdrew his application.
In the lawsuit filed on July 19, it said on Dec 13, 2010, the first defendant carried out the circumcision, with consent and knowledge of the second defendant, on a 10-year-old boy at a house in Kuala Lipis.
The plaintiff alleged that the medical assistant failed to adhere to duty of care, and had cut off his entire glans penis before trying to stitch it back.
The plaintiff said he suffered permanent disability and claimed he could only make friends with young children now and was unable to understand sexuality at all.
The plaintiff is seeking RM108,356 in expenses and costs, general damages, special damages and other relief deem fit by the court.