Boy in M’sia awarded $113,371 after botched circumcision leads to swelling, bleeding and permanent scars
A boy has been awarded RM359,112.90 (S$113,371) after a court in Malaysia found that he suffered serious injuries and permanent scarring due to medical negligence during a circumcision procedure at a private clinic.
The Terengganu Sessions Court awarded RM300,000 in general damages and RM59,122.90 in special and future damages to the boy, who underwent the procedure at Klinik Perubatan Hijraa in Kuala Nerus, Terengganu, in March 2023.
According to Malaysian news site New Straits Times, the judge found that the clinic was medically negligent after considering testimonies from three experts, who testified that the boy’s injuries were not “normal” complications of a properly performed circumcision.
The boy suffered significant loss of penile skin and required prolonged hospital treatment and further surgery, including a full-thickness skin graft.
Doctor suggested different method
According to court findings reported by New Straits Times and Malay Mail, the boy’s mother had initially opted for laser circumcision.
However, the attending doctor recommended the clamp method because of concerns that the boy might develop keloids.
The clamp method involves using a clamp to separate the foreskin from the head of the penis. Once the head of the penis is exposed, the foreskin is removed with a scalpel.
Laser circumcision, on the other hand, is a minimally invasive technique to remove the foreskin using laser technology. According to KK Women and Children’s Hospital, laser circumcision is quicker and safer, with minimal blood loss.
The court heard that the boy subsequently developed swelling and bleeding following the procedure and was admitted to Sultanah Nur Zahirah Hospital for treatment.
Expert testimony presented in court also found that the risk of keloid formation had no bearing on whether the laser method could be used.
Judge Wan Nor Aklima said the clinic had not called an expert to support its position that the boy’s injuries were an acceptable complication.
The clinic also failed to provide a reasonable technical explanation for the circumferential loss of skin, the judge said.
Lasting skin graft scars
While the boy has healed from his surgery and resumed “normal activities”, the court took into account that he would carry the skin-graft scar into adulthood.
The judge said experts had found that the surgery was generally successful and apart from cosmetic effects, his sexual function had not been affected.
"However, this has yet to be determined as he is still not an adult," Aklima said, adding that the court dismissed a claim for aggravated damages as the incident was not deliberate and there was no malice on the clinic’s part.
The boy’s age was not disclosed.
Clinic first sued boy and mother for defamation
The medical negligence claim reportedly arose as a counterclaim after Hijraa Healthcare Sdn Bhd — which operates the clinic that performed the circumcision — sued the boy's mother and another woman.
The healthcare operator had accused the pair of defamation over Facebook posts that criticised the clinic.
The court dismissed the defamation suit after finding that the two women had successfully relied on the defences of justification and fair comment. It also found no malice in their posts.
Hijraa Healthcare was ultimately ordered to pay RM15,000 in costs to each of the two women, while the counterclaim was allowed with costs of RM15,000.
The company has since filed a notice of appeal against the Sessions Court’s entire decision.
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