Botched circumcision: Youth awarded RM3.1 million

KUALA LUMPUR: A 22-year-old man whose lost the head of his penis in a botched circumcision 12 years ago, was awarded damages, totaling RM3.1 million, after the High Court yesterday allowed his suit against the government and four others.

The other four defendants are Kuala Lipis Hospital’s medical officer and director and the Selayang Hospital’s specialist and director.

Judge Datuk Akhtar Tahir made the decision after ruling that all the defendants had been negligent in the circumstances experienced by the plaintiff.

The court awarded him special damages of RM108,356, general damages of RM2 million, aggravated damages of RM500,000, exemplary damages of RM500,000 and costs of RM100,000 to be paid by all the defendants.

Judge Akhtar made the decision in the proceeding which was conducted online through the Zoom application, which was also joined by lawyer Mohamad Zainuddin Abu Bakar, representing the youth, and federal counsel Saravanan Kuppusamy, who represented all the defendants.

Eight witnesses, including five defence witnesses, testified during the trial which began on Sept 22, 2020. Mohamad Zainuddin and Saravanan, when contacted by reporters, confirmed the court’s decision on the case.

On Feb 20, 2019, the High Court had allowed an application filed by the five defendants to strike out the negligence suit filed by the youth, who then appealed against the decision, and on Feb 20, 2020, the Court of Appeal ordered the suit to be returned to the High Court for trial.

The man filed the suit on July 19, 2018, through his mother, claiming that during the circumcision process performed on Dec 13, 2010, it was not done according to the prescribed procedure, resulting in the entire head of his son’s penis to be severed. As a result of that, she claimed that her son had suffered permanent disability and become a quiet person.