20-9-2023 (KUALA LUMPUR) A young Malaysian man, who had the head of his penis accidentally severed during a circumcision procedure 13 years ago, has been awarded a reduced amount of RM123,556 (Approx. S$35,873) in damages. This amount is significantly lower compared to the initial award of RM3.1 million (Approx. S$902,269) after winning his lawsuit against the Malaysian Government and four other parties.
The Court of Appeal, led by a three-judge panel chaired by Datuk Ravintharan Paramaguru, unanimously made the decision. The panel found that the damages awarded by the High Court were excessive.
“The general damages of RM2 million awarded to the respondent were deemed too high and lacked supporting documentation. Therefore, the general damages have been reduced to RM100,000, while the special damages have been reduced from RM108,356 to RM23,556,” stated Datuk Ravintharan.
The Court of Appeal also set aside the severe and exemplary damages amounting to RM1 million awarded by the High Court. The panel determined that these damages were not specified in the pleadings and lacked a basis. However, the cost of RM100,000 awarded by the High Court was upheld.
In addition to the government, the four other parties named in the lawsuit are a medical officer and the director of the Kuala Lipis Hospital in Pahang, as well as a specialist doctor and the director of the Selayang Hospital in Selangor.
The lawsuit was filed on the grounds that the prescribed procedure was not properly carried out, resulting in the complete severing of the head of the penis. The victim’s mother claimed that her son, who was 10 years old at the time of the incident, experienced significant psychological and emotional distress, becoming withdrawn and reluctant to socialize with his peers.
The initial High Court decision to award a total of RM3.1 million in damages was influenced by the medical staff’s alleged delay in treating the plaintiff’s injuries, which ultimately rendered it impossible to save his private parts.
Following the appeal by the defendants, the Court of Appeal determined that the awarded sum was excessively high and opted for a reduction.
