Youth awarded RM3.1mil in damages over botched circumcision

Youth awarded RM3.1mil in damages over botched circumcision

In the suit filed on July 19, 2018, it was claimed that during the circumcision process performed on Dec 13, 2010, the entire head of his penis was severed.

The youth was awarded special damages of RM108,356, general damages of RM2 million, aggravated damages of RM500,000, and exemplary damages of RM500,000.
KUALA LUMPUR:
A 22-year-old man who lost the head of his penis in a botched circumcision 12 years ago, was awarded damages, totalling RM3.1 million, after the High Court today allowed his suit against the government and four others.

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

Judge 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 and exemplary damages of RM500,000. The defendants were also ordered to pay the youth costs totalling RM100,000.

Akhtar made the decision in the proceeding, which was conducted online via Zoom. He was joined by lawyer 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.

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.

However, the youth 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 the circumcision was not done according to procedure, resulting in the entire head of the penis being severed.

As a result of that, she claimed that her son had suffered permanent disability and become a quiet person.

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