The High Court in Shah Alam has upheld a lower court’s decision to award RM500,000 in damages to a 64-year-old man who suffered retrograde ejaculation and major depressive disorder following a prostate gland operation at a public hospital.
Had not been adequately informed of the surgery’s risk
The ruling came on May 17, with Judicial Commissioner Choong Yeow Choy confirming the damages awarded by the sessions court last year.
The plaintiff had filed a lawsuit against the health ministry, the director of Selayang Hospital, and five doctors, alleging medical negligence.
Represented by Ganaesh Rau B.A. Ramarau, the man contended that he had not been adequately informed of the surgery’s risks or the availability of less invasive treatment options.
Initial diagnosis and treatment recommendations
In 2016, the man was diagnosed with a lump on his prostate gland by a doctor at Selayang Hospital, reported FMT.
According to the sessions court’s judgment, he was advised by the urology department to undergo surgery.
However, he asserted that he was not informed about the potential risk of retrograde ejaculation and that informed consent was not properly obtained.
Labelled as impotent by family
Following the surgery, the man experienced a burning sensation during urination and was unable to ejaculate semen, which led to feelings of humiliation and being labeled as impotent by his family.
Initially, hospital staff assured him that his symptoms were a normal complication of the surgery.
However, a subsequent follow-up at Hospital Kuala Lumpur confirmed that he was suffering from retrograde ejaculation and major depressive disorder with anxious distress as a result of his condition.
The sessions court had awarded RM150,000 for permanent disability due to retrograde ejaculation, RM150,000 for major depressive disorder, and RM200,000 in general damages.
The government’s appeal against this decision was rejected by the High Court, thus affirming the total award of RM500,000 to the plaintiff.
