PETALING JAYA: The sessions court in Kuala Terengganu has ordered a private medical clinic chain to pay over RM359,000 in damages to a 10-year-old boy and his family over a defective circumcision procedure three years ago.
Judge Wan Nor Aklima Wan Salleh granted the counterclaim filed by the boy’s 36-year-old mother against Hijraa Healthcare Sdn Bhd after ruling that she had proven her claim on a balance of probabilities.
The court ordered the clinic to pay RM300,000 in general damages and special damages of RM59,122.90.
The mother initiated the counterclaim after Hijraa Healthcare filed a defamation suit against her and another female Facebook user over purportedly “bad reviews” of the clinic.
The defamation suit against the duo was dismissed, as the court held that the reviews were factual, based on their unpleasant experiences with the clinic.
In her counterclaim, the mother said her son underwent a circumcision at the clinic in February 2023, after which the boy bled non-stop.
The procedure was conducted by two doctors on duty and the mother contended that they never advised her on the potential risk her son faced.
The boy was admitted to Sultanah Nur Zahirah Hospital, where an operation was performed to reduce the damage caused by the two doctors.
Doctors from the government hospital testified that it was abnormal for a person to suffer non-stop bleeding after the procedure. They also said they were uncertain if it would affect his future sexual function.
Aklima accepted the government doctors’ testimonies on the child’s medical condition, and held that the two doctors who performed the procedure were negligent.
“The boy suffered severe genital injury that caused significant skin loss and permanent scarring. He needed extended hospitalisation and advanced surgery, including a full-thickness skin graft.
“However, as he is still a child, his actual sexual function cannot be fully evaluated until he reaches puberty and adulthood.
“Living with long-term uncertainty about his future sexual function will place some emotional and psychological burden on him and the family,” she said.
The judge added that the defamation suit filed against the mother and the Facebook user was leverage intended to obstruct her medical negligence claim.
