Botched Circumcision: Unlucky Man Awarded Mere RM123K From Initial RM3.1Million
The man underwent a circumcision procedure at Kuala Lipis Hospital when he was 10 years old and was left with a severed penis tip.
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Back in April 2022, a 22-year-old man was awarded RM3.1 million for damages by the government for a botched circumcision procedure when he was 10.
Back then, the court awarded the victim RM108,356 in special damages, RM2 million in general damages, RM500,000 in aggravated damages and another RM500,000 in exemplary damages.
However, China Press reported recently that the Court of Appeal ruled that the RM3.1 million to be awarded to the man was “too high.”
Thus, the three-panel judge led by Judge Datuk Ravintharan Paramaguru in the Court of Appeal has ruled in a unanimous decision to lower the compensation to RM123,556.
The reason given was that RM2 million in general damages given to the defendant was too high and was not supported with proper documents.
So, the general damages are reduced to RM100,000 while special damages are reduced to RM23,556.
As for the RM1 million in severe and exemplary damages awarded by the High Court, this court has set it aside as it wasn’t stated in the pleadings and had no basis for it to be given. However, the RM100,000 in costs will be upheld.
Judge Datuk Ravintharan Paramaguru
What happened 13 years ago?
On 13 December 2010, the man underwent a circumcision procedure at the Kuala Lipis Hospital.
Unfortunately, the entire head of the penis was cut off. He was referred to the Selayang Hospital 10 hours later as there were no microsurgeons at the Kuala Lipis Hospital.
The delays including the failure to preserve the tip of the penis dashed all hopes of reattachment.
High Court Judge Datuk Akhtar Tahir ruled in favour of the victim. He said the defendants and other medical officers who attended to the victim had breached the duty of care and were negligent in carrying out their duties.
It is clear that no amount of financial award given by the Court will compensate the loss suffered by the plaintiff. All the shame and humiliation the plaintiff suffers is a result of this terrible loss.
High Court Judge Datuk Akhtar Tahir
The victim’s mother allegedly testified that since the age of 10, the victim “entered into a shell.” He found it hard to interact with others and did not have the courage to ever marry.
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