M'sian Receives Only RM123,556 In Damages For Losing His Penis Head During Circumcision
The 22-year-old plaintiff underwent the botched circumcision when he was nine years old.
By Yap Wan Xiang — 19 Sep 2023, 03:34 PM
A 22-year-old Malaysian received only RM123,556 in damages after losing the head of his penis in a botched circumcision 13 years ago, instead of the RM3.1 million he had previously won in his lawsuit
The Court of Appeal reduced the RM3.1 million in damages previously awarded by the High Court, stating that the amount was too high, reported Bernama.
The circumcision took place on 13 December 2010 when the plaintiff was just nine years old.
In the lawsuit filed by his mother on 19 July 2018, it is alleged that the circumcision was not carried out according to the prescribed procedure, which resulted in the entire head of the plaintiff's penis being severed.
The lawsuit named the government, Kuala Lipis Hospital's medical officer and director, and the Selayang Hospital's specialist and director as defendants.
On 7 April 2022, Justice Datuk Akhtar Tahir ruled in the plaintiff's favour and awarded him damages amounting to RM3.1 million
The written judgment stated that the medical staff's delay in attending to the plaintiff's injuries eliminated any hope of saving his private part.
"It is clear that no amount of financial award given by the court will compensate the loss suffered by the plaintiff," said Akhtar in June last year.
"All the shame and humiliation the plaintiff suffers is a result of this terrible loss.
"His mother had testified that since the age of 10, the plaintiff has entered into a shell and finds it hard to interact with others, let alone develop the courage to ever marry," New Straits Times quoted the High Court Judge as saying.
The breakdown of the damages granted to the plaintiff is as follows:
– RM108,356 in special damages
– RM2 million in general damages
– RM500,000 in aggravated damages
– RM500,000 in exemplary damages
The government then filed an appeal against liability and quantum of damages awarded.
In the proceeding yesterday, 18 September, the Court of Appeal's three-judge panel ruled unanimously that general damages of RM2 million obtained by the plaintiff was excessively high
Justice Ravinthran Paramaguru, who chaired the panel, said the RM2 million in damages was not supported by any documentation.
"Therefore, the general damages of RM2 million is reduced to RM100,000. The special damages is reduced from RM108,356 to RM23,556.
"The court also sets aside the (aggravated) and exemplary damages amounting to RM1 million awarded by the High Court because these were not stated in the pleadings, and there was no basis to allow them.
"However, the cost of RM100,000 awarded by the High Court is upheld," Bernama quoted Ravinthran as saying.
