KUALA LUMPUR: A 22-year-old who lost the head of his penis in a botched circumcision procedure when he was 10, was awarded RM3.1 million in April in damages by the government.
This after High Court Judge Datuk Akhtar Tahir ruled in favour of the man in his lawsuit against the government and hospital directors recently.
The man filed a lawsuit claiming that the circumcision was not done according to procedure, resulting in the entire head of his penis being severed 12 years ago.
The plaintiff was referred to the Kuala Lipis Hospital but was transferred to the Selayang Hospital as there were no micro surgeons at the Kuala Lipis Hospital.
He arrived at the Selayang Hospital but was only operated some 10 hours after the botched circumcision as further examination was needed upon arrival.
However, the operation was unsuccessful.
Akhtar in his decision said the defendants and the other medical officers who had attended to the plaintiff had breached the duty of care and were negligent in carrying out their duties.
"The delay by the medical personnel in attending to the plaintiff's injury had extinguished all hopes of a successful surgery in saving the injured part of the plaintiff.
"The Selayang Hospital had been informed about the transfer of the plaintiff yet the medical personnel did not take steps to prepare for a possible surgery.
"The defendant also breached the duty of care in not preserving the tip of the penis.
"An attachment of the detached piece could only be carried out by a qualified micro surgeon," he said.
The court awarded RM108,356 in special damages, RM2 million in general damages, RM500,000 in aggravated damages and another RM500,000 in exemplary damages.
Akhtar said the main loss suffered by the plaintiff is the loss of the most valuable asset a man can have.
"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.
"The 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 courage to ever marry," he said.
It is learnt that the government has filed an appeal against liability and quantum of damages awarded.